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No. CIL/C2DlC C DATA CENTREi2OIS-ICS OW, LM.

Agreement

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H1S.AG5,EE}1EIT Tld..oI the 15ft dav of April, 2020 between coal India Limited, coal Bhavan,Fremrses No. 04, plot No. AF-III, Action Area rA, New Town, Rajarhat, Kolkata - ioo rs6, tndiu(lereinafter referred to as the "Company") ofthe one part and M/i wizertech Informatics pvt Ltd(rerelnatter reterred to as "Contractor") unit-g04, Eco station, plot_7, Block-Bp, Sector v, SaltI 4ke. Kolkata - 700091 , of the other parr.t

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YH!M! the Company invited bids vide Tender No. ctL/c2DlcAMC Data centre/18-19t327*ted 10.10.2018 for comprehensive Annual Mainrenance contract (CAMC) or outa Centr"Equipment and IT lnfrastructure of coal.India Ltd., office complex, rolkata for a perio-a orr y"ur.a1d has accepted

1^uia t9;aia no.347358) by the Contractor foithe suppry ofabove services dr tnesum of Rs. 3,29,59,156r- (Rupees Three crores Twenty Nine Lakhi Firty Nin. Thousand onetlundred and Fifty Six only). which has been communicated to the Contractor vide Letter ofAcceprance (LoA) vide Ref No. cIL/c2DlcAMC Dara centre/lg-19/102g aatea n)z.zots.

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NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

In this Agreement, words and expressions, shall have the same meaning as are respectivelyassigned to them in the conditions ofcontract referred to.

The following documents shall be deemed to form and be read and construed as part ofthis Agreement viz.

In consideration of the payments to be made by the Company to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Company to provide theCoods and Services and to remedy defects therein conformity in all respects with theprovisions of the Contract.

The Company hereby covenants to pay the Contractor in consideration ofthe provision ofthe Goods and Services and the remedying of defects therein, the Contract Price or such

other sum as may become payable under the provisions ofthe Contract at the times and inthe manner prescribed by the Contract.

5, Work description, quantity & rates:

sl.No.

Comprehensive Maintenance of No. ofQuarters

Rate perQuarter

(Rs)

Amountwithout GST

(Rs)

I tz 3,75,000 45,00,000

2 Network Component as per detailsin Annexure X of NIT

12 1,76,7 57 21.21,084

Wi-Fi Component as per details in"Annexure X" of NIT

t2 50.906 6,t0,872

4 t2 24,03,888

5 Video Conference as per details in"Annexure X" of NIT

t2 4,59,727 55,t6,724

6 Audio Conference as per details in"Annexure X" of NIT

t2 1,59,081 19,08,972

1 IP-PBX System as per details in"Annexure X" of NIT

).2 5,14,873 61,78,476

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-LM"rContract No. CIL/C2D/CAMC DATA CENTRE/ZdI8[

'tolil9/20-21lContract/ I 63 Date :15.04.2020

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(a) The Notice Inviting Tender(b) Techno- Commercial Bid and Break-up of Price after Reverse Auction, submitted

by the Contractor(c) The Non-Disclosure Agreement(d) The Company's Letter ofAcceptance (LOA)(e) The Pre-Contract Integrity Pact

Data Center equipment as per detailsin "Annexure X" of NIT

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Digital Signage as per details in"Annexure X" of NIT

2,00,324

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8 Passive Components as per details in"Annexure X" of NIT

57,623 6,91,476

9 24x7 Onsite Technical Support foroperation, coordination andmaintenance ofabove systems as perNIT

t2 3,33.333 39,99,996

Total 2,,79'31,488

CST @ I 8% (Rounded off) 50,27,668

Total with GST 3,29,59,156

6. Brief particulars ofthe Contract shall be as under:

6. I Duration of Contract: The total period ofContract shall be for 3 years ( I 2 Quarters) fromthe date of commencement. The date of commencement shall be reckoned as mentionedin LOA. The Contractor shall handover all systems, services, equipment in runningcondition, all credentials, documents etc. to the Company on completion ofContract.

6.2 Scope of Work:

6.2.1 Data Center (DC) Operations and Maintenance Support:

The Contractor shall operate and maintain the CIL DC and its infrastructure for a period ofthree (3) years and henceforth called as Data Centre Operator (DCO). The detailed scope ofwork has been mentioned below.

A. The Contractor/DCO shall deploy an onsite team comprising ofthe resources indicated atsection "4.0 Required Resources" of Special Terms and Conditions of NIT.

B. The Contractor shall arrange back to back agreement preferably for all the items indicatedat section "Annexure X-Summary & Brief Description of Equipment (CIL Data Center &IT Infrastructure)" of NIT from respective OEMS to protect the SLA commitment.However, back to back agreement with OEM for switches, Wi-Fi, Ip pBX system, VCEquipment is mandatory. In case back lining contract for any other item, apart from theabove, is not possible, the same should be maintained by the Contractor himself to meetthe SLA commitment.

The Contractor shall arrange back lining contract for all the items indicated at section"Annexure X- Summary & Brief Description of Equipment (CIL Data Center & ITInfrastructure)" from respective OEMs to protect the SLA commitment. However, back toback agreement with oEM for UPS & pAC is mandatory. ln case back lining contract forany other Non lr item, apart from the above. is not possible, the same should be maintainedby the C {Ii6rt}6&rhe SLA

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Contract No. CIL/C2DICAMC DATA CENTRE/2 tactJ163 Date :l 5.04.2020

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D. The Contractor shall arrange support / subscription / updation / renewal of software /licenses for the items indicated at section "Annexure X - Summary & Brief Description ofEquipment (ClL Data Center & IT Infrastructure)" of NIT wherever required.

E. CIL DC Tier-lll certifiedContractor shall co-ordinate for review and updation ofexisting process and procedures ofCIL DC, training ofonsite resources! extemal audits (ifrequired), etc for maintaining thesaid Tier-lll standards. During the pendency ofthe contract it may be required to renew /extend the validity ofTier-IIl (ANSI/TIA-942:2014 Rated-3) certification issued by "epi"for which the successful Contractor shall facilitate CIL in renewing / extending the same.

However, Company shall pay the actual cost towards such renewal / extension ofvalidityincluding cost of audit required for such renewal or keeps the right to award the renewal/extension work /audit towards tier-lll certification to any third party agency. Moreover,maintaining the CIL Data Centre for Tier-lll standard shall be the responsibility of theContractor/DCO.

F. Contractors can maintain onsite stock of consumable items/parts for 1T and Non-lTcomponents "List of Consumables indicated at section 6.0" to protect the SLAcommitment. All other items not mentioned in the list of consumables should be

replaced/repaired within the scope ofthis contract.

C. Contractor shall review, update Standard Operating Procedures (SOPs) for each servicesof CIL DC and shall be required to establish SOPs, ifnot found or found not adequate forany service, within first quarter ofthe contract.

H. Implementation and configuration for new/change of ipv4/ipv6 scheme as required by CILshall be carried out by the Contractor.

The Contractor shall carry out day to day Operation/ Configuration / Troubleshoot ofadditional network equipment (not listed in the equipment list of NIT) namely 2 Nos. ofFirewall, 4 Nos of L3 Switches and 2 Nos of L2 switches likely to be deployed /integratedin the existing CIL Network during the AMC period for smooth operation of CILLAN/WAN, however, warranty/AMC of such additional equipment and replacement ofdefective spares shall be dealt separately by CIL and availability of such equipment willnot be considered under SLA of this contract.

Contractors have to submit document with clear detailed description/execution plan of the

service offering for the above seven (7) categories (A to G). The said document will be used

as reference document for Contractor during service contract period.

6.2.2 The Contractor will provide 24x7 operating and maintaining services for a period ofthree years from the date of commencement of Operations and Maintenance Activity.The scope ofthe services for overall Physical and infrastructure management of CILData Centre and lT lnfrastructure ofthe office complex include 365x24x7 monitoring,operation, maintenance and management of the entire CIL DC, IT infrastructure ofoffice building. The scope of work during the operations phase is divided into the

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following areas:

. System Administration, Monitoring, Maintenance & Management Serviceso Network Administration, Monitoring, Maintenance and Management Services. Video Conferencing operation, Administration, Monitoring, Maintenance and

Management Services. IT Security Administration, Monitoring, Maintenance and Management Services. Backup & Restore Services of [T equipment as per list (Annexure X). Backend Services (onsite replacement ofany defective spare parts / modules from OEM

/related fi rm /agencies).. Physical lnfrastructure Monitoring, Maintenance and Management Services. Integrated Building Management (IBMS) Services of Data Centre. Coordination with respective OEMs/department for preventive / corrective maintenance

ofall IT equipment and systems as per scope ofwork.. Facilitate required support infrastructure for servers/systems.r Bandwidth Management Services with co-ordination with ISPs.. Reports: The Contractor shall provide the monthly reports for all the devices installed in

the Data Centre in a mutually agreed format on a periodic basis. Whenever required byCIL, DCO should provide additional repo(s (if required) in the required format or as perCIL's requirement time to time.

6.3 SERVTCE LEVEL AGREEMENT (SLA)

The purpose of this Service Level Agreement (hereinafter referred to as sLA) is to clearly definethe levels ofservice which shall be provided by the DCo to company (cIL) for the duration ofthis contract.

The benefits of this SLA are to:

o Trigger a process that applies DCO,s and Client,s attention to an aspect ofperformance when that aspect drops below an agreed upon threshold, or target.

o Makes explicit the expectations that Client has for performance from the DCO.

The DCo and Client shall regularly review the performance ofthe services being provided bythe DCO and the effectiveness of this SLA.

6.3.1 Category of the SLA

This SLA document provides for minimum level of services required as per contractualobligations based on performance indicators and measurements thereof. The DCo shall ensureprovisioning ofall required services while monitoring the performance ofthe same to effectivelycomply with the performance levels. The services provided by the DCo (Contractor) shall bereviewed bv the Clien-

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Regularly check performance ofthe DCO against this SLA

Discuss escalated problems, new issues and matters still outstanding for resolution. Review ofstatistics related to rectification ofoutstanding faults and agreed changes. Obtain suggestions forchanges to improve the service levels. The SLA has been logically segregated in the followingcategories:

l. Data Centre and DC IT equipment related service levels

2. IT Infrastructure related service levels

3. Passive Components related service levels

The following measurements and targets shall be used to track and report performance on aregular basis. The targets shown in the loltowing table are applicable for the duration of thecontract.

Following section outlines the service level indicators & and the target performance levels to be

maintained by the Agency during the contract period. This shall be used to track and reportperformance on a regular basis. These SLAs shall be strictly imposed, and if required by CIL.third party audit/certification agency may be deployed for certifying the performance of the

Agency against the target performance metrics as outlined in the table below. The SLA will be

measured on Quarterly basis.

A. Service Levels - Data Centre and DC IT equipment:

The non-performance deduction during wamanty/AMc for Data Centre along with UPSsystem, PAC and IBMS, IP-PBX, Core switches, Wi-Fi Controllers, Other Servers/Signage servers deployed in DC (including the OS, Software and database running on it)shall be regulated as under:-

sl.No. lActual

Availabil ity During Wananty/AMC Non-performancededuction

I . [More than or equal to 99.8% Nit2. lless than 99.8% but More than or Equal to 99.3% 2 % of QMC Charges3. lLess than 99.3% but More than or Equal to 98.8% 4 % of QMC Charges4. lless than 98.8% but More than or Equal to 98.3% 6 % of QMC Charges5 lless than 98.3olo but More than or Equal to 97.\yo 8 % of QMC Charges6. Iless than 97.8% but More than or Equal to 97.0% I 0 % of QMC Charges

Note: Calculation of Availabi lity:

% Availability of each system/equipment - ((POT-PMT-DTy (POT-PMT)* 100The Lowest availability among all systems under this category will be considered as lheavailability period for Data Centre and DC IT equipment towards non-performance deduction.

Contract No. CIL/C2DlCAMC DATA CENTRE 12018-19120-21lcontract/163 Date : 15.04.2020

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The non-performance deduction during warranty/AMC for IT lnfrastructure consisting ofLAN Availability (Different Systems under this category are L2 switches, VC end pointswith VC display units, Audio conferencing systems, Signage display units) shall beregulated as under: -

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Actual Availability During Wananty/AMC

I More than or equal to 99.570 Nil2 Less than 99.5%o buL More than or Equal to 99.0% 2 % of QMC Charges3 Less than 99.0Y:o but More than or Equal to 98.5% 4 % of QMC Charges1 Less than 98.5% but More than or Equal to 98.0% 6 % of QMC Charges5 Less than 98.0% but More than or Equal to 97.5yo 8 % of QMC Charges6 Less than 97.5% but More than or Equal to 97% l0 % of QMC Charges

B. Service Levels - IT Infrastructure related service levels

Note: Calculation of Avai lability:

% Average Availability of each system : ((POT-pMT-DTy (pOT-pMT))+ 100The Lowest availability among all systems under this category will be considered as theavailability period for IT infrastructure service towards non-performance deduction.

C: Passive Components related Service Levels:

The non-performance deduction during warranty/AMC for passive IT Infrastructureconsisting of (LAN / WAN) Passive Network in category like OFC Connections, userLAN/PC connection points, Telephone distribution points, Analog telephone instrumentsshall be regulated as under:-

SI

lActual Availability During Wananty/.AMC

oNon-performancededuction

I ore than or Ml to 99.00 Nillless than 99.0% but More than or Equal to 98.5% 2 % of QMC Chargeslless than 98.5% but More than or Equal to 98.0% 4 % of QMC Charges

4. lless than 98.0% but More than or Equal io3750% 6 % of QMC Chargeslless than 97.5% but More than or Equal to 97.\Yo 8 % of QMC ChargeslLess than 97.DYobut More than or Equal to 96.0% l0 % of QMC Charges

Note: Calculation of Availabi lity:

oZ Average Availability of each category - ((POT-PMT-DT)/(POT-PMT)* 100The Lowest availability among all categories under this service level will be considered as theavailability period for passive components towards non-performance deduction.

Note: All the above SLA will be measured Quarterly basis. Maximum penalty per quarter islimited to l0% of QMC. Total penalty during the entire contract period is limited to maximuml0% of total contract value. The breakdown time will be counted till the restoration of fault /

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repair of the equipment/module or temporary replacement of the equipment provided by theContractor without effecting the operation and efficiency of the system. ln case of temporaryarrangement, the original equipmenVmodule shall be replaced / repaired within a month. Ifrepair/ replacement exceeds one month, the entire period will be taken as breakdown period and penaltywill be charged accordingly.

If the penalty deduction of l0% per quarter occurs in three consecutive quarters, CIL reservesthe right to terminate the contract and forfeit the Bank Guarantee & Security deposit.

6.3.3 Non- performance deduction / calculations:

These availability requirements are associated with Non- Performance deduction to have desireduptime availability and delivery ofservice to ClL.

The availability requirements shall remain effective and during AMC (Annual MaintenanceContract) period. Non- Performance deduction during these periods shall be calculated using theformula given below.

The Contractor will maintain logs (in soft copy / hard copy) for each ofthe service provided andshall provide necessary reports which will help in asce*aining the service levels and calculationofNon- perlormance deduction. All these logs should be available in web format, for any timeviewing.

CIL would provide maximum of l6 hours of planned downtime per quarter for preventivemaintenance (as part ofscheduled downtime) of Data Centre and IT Infrastructure. The same canbe spread in maximum four intervals in a quarter. The downtime for scheduled maintenance(regular/recuning activities like cleaning of equipment, space management, file systemmanagement, patch application etc. which may need shut down of System/Equipment) wouldneed to be mutually agreed between CIL and the successful Contractor. To reduce this time,various maintenance activities should be clubbed together with proper planning.

However, Jor special activilies such as upgradation of firmware, OS, upgradation of I7infrastracture, IP scheme change, etc. which are not regular in nalure, a sepatale schedulewould be mulually drawn and agreed between CIL and lhe successful Conlractor and thiswould be excluded from lhe calculalion of downtime. During the process ofrepdir/maintenance, rf any civil /electrical work is required, CIL will arrange the same anddelay in the pan of such civil / electrical work (which is not in the scope of this NIT) would beercluded from calculation of downtime. Delay in reclilication/restoralion due lo consumablesin the scope of CIL as per consumable list will be e-xcluded from calculalion of downtime. VCsystem (MCU, VC Recording & VC Call manager) will be excluded from the calculation ofdowntime.

"QMC" Refers to Quarterly maintenance Charges (Total Contract value per quarter withoutGST)

"POT" means the Power on Time (in Hours) i.e. Total hours in one quarter (24 * number of

Contract No. CIL/C2DICAMC DATA CENTRE 12018-19120-2llcontract/163 Date:15.04.2020

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days in the quarter).

"PMT" means the Scheduled Preventive Maintenance time (in Hours) (Limited to maximum ofl6 Hours in a quarter for both DC & IT infrastructure combined)

Non-Availability: is defined as, the service(s)/ System is not available or complete breakdown.

Severity Level l: Is defined as, the service is available but the critical redundant componentshave failed and there is urgent need to fix the problem to restore these services to the highavailability Status or more than l0% Data.rvoice users (Approx. 550 LAN (data) users and 500PBX (voice) users) or more than l0oZ equipment ofa system are affected.

Severity Level 2: Is defined as, the Service is available but there is compromise on thefeatures available in the system and are required to fix the problem to restore or less thanl0% Data./Voice users (Approx. 550 LAN(data) users and 500 PBX(voice) users) or lessthan l0% equipment ofa system are affected.

Response Time : represents the period of time from the problem occurrence to the timewhen the problem is first attended by the successful Contractor's engineer.

Recovery Time: represents the period of time from the problem occurence to the time inwhich the service retums to operational status. This may include temporary problemcircumvention/ work around and does not necessarily include root cause removal.

Resolution Time: represents the period of time from the problem occurence to the time inwhich the root cause ofthe problem is removed and a permanent fix has been applied.

"DT" means Downtime (in Hours) and shall be calculated as follows:

Total downtime (DT) = Total breakdown period - Max. Resolution timeseverity level mentioned in Table - l.Note:

allowed as per

o For calculation of downtime, fractional hours shall be rounded offto next higher hour.

o In case of failure of equipment which impacts multiple services, then downtime shallonly be calculated for the most critical service having highest level of severity i.e.there would be no duplication of downtime in such a case.

o Downtime shall be calculated for each incident reported in a quarter and cumsuch downtime(s) shall be used for calculation ofavailability and penalty.

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Contract No. CIL/C2D/CAMC DATA C\^

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Service / System Severity Response

Time(max)

Recovery

Time(max)

Resolution

Iime(Max)

Data Centre ( complete with

UPS system, PAC & IBMS),

IP-PBX, Core switches, VC

system (MCU, Recording &Call manager ), Wi-Fi

Controllers, Other Servers

/Signage servers deployed in

Non -Availability

30 minutes 3 hours l2 hours

Severity I I hour 4 hours I 8 hours

Severity 2 I hour 8 hours 24 hours

2

Systems like L2 switches,VC end points withdisplay, Audioconferencing systems,Signage Display Units

Non-

Availability


Severity I I hour 4 hours 24 hours

Severity 2 lhour 8 hours 30 hours

3

Passive Network in category

like OFC Connections, user

LAN/PC connection points,

Telephone distribution points,

Analog telephone instruments

Non-

Availability


Severity I I hour 4 hours 24 hours

Severity 2 I hour 8 hours 30 hours

6.4 Performance Security/ Security Deposit:

The performance security equivalent to 5olo ofcontract amount which works out to be Rs.

5,49,3191- has been submitted by you against LOA in the form of BG, which has been

confirmed by the Issuing Bank.

Additional Performance Security of Rs.80,94,2951- has also been submitted by you in the

form of BG (01936208G0000040 dated 13.03.2020 of SBI). The BG has been confirmed

Contract No. CILIC2D/CAMC DATA CENTRE 12018-19120-2'l lcontract/ 163 Date : 15.04.2020

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IMP. NOTE: Penalty towards any repair/replacement of defective component of VCComponent (MCU with Scopia path Finder & Single PRI Gateway, Recording & Callmanager) as mentioned at serial no.l will not be deducted from the Contractor as the aboveVC equipment is covered under separate warranty (not in the scope of this tender),However, Contractor shall provide support for, operation, configuration, fault finding anddiagnosis, monitoring etc. for smooth operation. Response and recovery time for the saidVC system will be applicable.

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All Running on Account Bills shall be paid at 95o/o. The balance 5oz shall be treated asRetention Money and will be second part of security deposit.

The Retention Money amount may be refunded against equivalent Bank Guarantee, in theform given in the bid document only for values above Rs. 25 lakhs. The validity oftheBank cuarantee shall be for 270 days beyond the period of contract or extended piriod ofcontract, ifany.

by the Issuing Bank

Bank Guarantee, if to be submitted by the Contractor for refund of Retention Money, itshall be issued, at Contractor's option, either -o by Scheduled Bank or

o by a foreign bank, located in lndia and acceptable to the employero and the Bank having a local operative branch at the place of business of the

beneficiary in whose favor BG is fumished.o it shall be issued as per the format in Annexure-Ill of the General Terms and

conditions ofthe contract ofNIT and procedures as per the notes to the said formatofbank guarantee.

o it shall be issued by the issuing bank on behalf ofcontractor in favor ofcoal IndiaLimited, and it shall be in paper form as well as under ,structured FinancialMessaging System (SFMS)'.

Refund of Security Deposit:The refund of security deposit shall be subject to company's right to deduct/appropriate irsdues against the contractor under this contract or under any other contract. on'completionofthe work and certified as such by the Engineer-in-charge, the security deposit remainingwith the company shall be refunded.

o Performance Security (lst part ofsecurity deposit) shall be refunded within 60 days ofthecompletion of the work. (The date of completion of the work will be certified by theEngineer-in-charge).

r -Retenlion

Money (2nd part of security deposit) shall be refunded after lg0 days of the-completion of the work. (The date of completion of the work will be certified by theEngineer-in-charge).

The Security Deposit shall bear no interest

6.5 Payment

6.5.1 rhe payment will be made on quarterly basis after successful completion of eachquarter within 2l days of submission and acceptance ofthe bill. The contractor willsubmit the quarterly bill in triplicate along with required reports as per contract, dulylccepted by GM (E&T), CIL or his authorized representative. All Running on AccountBills shall be paid at 95%. The balance 5% shall be treated as retention Minev and willbe second part of security deposit. penalty deductions (ifany) will be deducted from

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the quarterly bill along with TDS/other deductions as applicable.

6.5.2 Final payment on completion of contract along with retention money (if any) will bemade after completion ofthe contract (i.e after last quarter) and acceptance ofthe sameto the satisfaction of GM (E&T), CIL.

6.6 Paying Authority:

General Manager (Finance), Coal India Limited, New Town, Kolkata - 700156.

6.7 Taxes & Duties:

The payment ofGST and GST Compensation Cess by service availer (i.e. CIL/Subsidiary)to Contractor/contractor (if CST payable by Contractor/contractor) would be made onlyon the latter submitting a Bill/invoice in accordance with the provision of relevant GSTAct and the rules made thereunder and after online filing of valid return on GST portal.Payment ofGST & GST Compensation Cess is responsibility of Contractor/contractor.

lnput tax credit is to be availed by CIL as per rule. If CIL fails to claim lnput TaxCredit(lTC) on eligible lnputs, input services and Capital Goods or the ITC claimed isdisallowed due to failure on the part of Contractor/vendor of goods and services inincorporating the tax invoice issued to CIL in its relevant retums under GST, payment ofCGST & SGST or IGST, CST (Compensation to State ) Cess shown in tax invoice to thetax authorities, issue of proper tax invoice or any other reason whatsoever, the applicabletaxes & cess paid based on such Tax invoice shall be recovered from the current bills orany other dues ofthe Contractor/vendor along with interest, if any.

6.8 Pie-Contract Integrity Pact:

The Pre Contract Integrity Pact signed and submitted by you is enclosed and shall remainvalid and applicable against this contract. In terms of section-8 ofthe Integrity Pact, theExtemal Independent Monitors nominated for this contract are:

(i) Sri Sudhir Kumar, B-128, Triveni, Sheikh Sarai-1, New Delhi-l10017E-mail: [email protected]

(ii) Sri Anil Kaushal, A-11245, GF, Janakpuri, New Delhi - I I 0058.E-mail: Kaushal.anil I [email protected]

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All duties, taxes excluding Goods and Services Ta"r (GST) and GST Compensation Cess,if applicable, are included in the rate.

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6.9 Other Terms and Conditions: Any other terms and conditions not mentioned in thisContract shall be as per Notice Inviting Tender (NIT).

For the Contractor

INFORI\4ANCS PVI, LTD.

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Name : Shri NaJdeem KhanDesignation : Dy. Manager (MM)Name of Company : Coal India Limited

Name :

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Designation : Chief Manager (MM)Name of Company: Coal India Limited

Witnesses

6h )-bName : S A. K. PandevDesignation : Chief Manager (E&T)Name of Company : Coal India Limited

Designation : Q1- cre>rrName of Company : k1^ tt{I-rdr/yt .

Witnesses:

Name :

Designation : l'4ot t th uIName of Company : .Fhl D .

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Contract No. CIL/C2DlCAMC DA'lA CEN'tRE 12018-19120-Zl lContract/163 Date :15.04.2020

For the Companv

Tender Document

for

Comprehensive Annual Maintenance Contract (CAMC) of Data

Centre equipment and IT Infrastructure of Coal India Ltd.,

office complex at Kolkata for a period of 3 years.

COAL INDIA LIMITED

MATERIAL MANAGEMENT DIVISION

COAL BHAWAN, PREMISES NO.04-1111, AF-III

ACTION AREA 1A, NEW TOWN, RAJARHAT, PIN-700 156.

2

Contents

S/N Description Page No.

1 Chapter – 1

E-Tender Notice

- Time schedule of Tender

- Deposit of EMD

- Pre-bid Meeting

- Clarification of Bid

- Eligible Bidders

- Eligibility Criteria

- Submission of Bid

- Tenders-cum –Reverse Auction

- Confirmatory Document

- Tender/Tender cum auction evaluation

- Refund of EMD

- Bid Validity

- Payment Terms

- Period of Contract

3-20

2 Chapter – 2

(SPECIAL TERMS AND CONDITIONS)

- Scope of work

- Required Resources

- SERVICE LEVEL AGREEMENT (SLA)

- Consumable List

21-32

3 Chapter – 3

- List of Equipment

- Diagrams

33-35

4 Chapter – 4

CONDITIONS OF CONTRACT

GENERAL TERMS AND CONDITIONS

36-52

5 Chapter – 5

- Annexures

53-109

3

Tender Document

Chapter – 1

(Tender Notice)

COAL INDIA LIMITED




4

COAL INDIA LIMITED

MATERIAL MANAGEMENT DIVISION COAL BHAWAN, PREMISES NO.04-1111, AF-III


Tender No.: CIL/C2D/CAMC Data Centre/18-19/327 Dated: 10.10.2018

e-TENDER NOTICE

1. Tenders are invited on-line on the website https://coalindiatenders.nic.in from the eligible Bidders having

Digital Signature Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority

(CCA), Govt. of India and which can be traced up to the chain of trust to the Root Certificate of CCA, for the

following work:

Description of work Estimated cost

of Work

without GST

(In Rs.)

Estimated cost

of Work

(In Rs.) with

GST @ 18%

Earnest

Money

(In Rs.)

Period of

Completion

(In Days)

Comprehensive Annual Maintenance

Contract (CAMC) of Data Centre

equipment and IT Infrastructure of

Coal India Ltd., office complex at

Kolkata for a period of 3 years.

4,23,83,274/- 5,00,12,263/- 2,08,400/- 1095

The details of the tender will be mirrored in the Central Public Procurement Portal

http://eprocure.gov.in of Govt. of India.

Details of GST Registration of CIL: - 19AABCC3929J1ZH

2. Time Schedule of Tender:

SL.

No.

Particulars Date Time

1 Tender e-Publication date 11.10.2018 12:00 PM

2 Document download start date 11.10.2018 12:00 PM

3 Document download end date 12.11.2018 5:00 PM

4 Bid Submission start date 26.10.2018 11:00 AM

5 Bid submission end date 12.11.2018 5:00 PM

6 Start date for seeking Clarification on-line 11.10.2018 12:00 PM

7 Last date for seeking Clarification on-line 24.10.2018 5:00 PM

8 Date of Pre-bid Meeting 25.10.2018 11:00 AM

9 Bid Opening date 14.11.2018 11:00 AM

10 Reverse Auction start date & time Within two hours of actual opening

*Note:

i. If number of bids received online is found to be less than three, then last date of submission of Bid and

Technical Bid Opening date will be extended initially for a period of two days ending at 17:00 hrs and

if the number of bids still remains less than three then for another five days ending at 17:00 hrs. The

auto-extension shall work on the basis of number of bids received only. In case of holiday, the due date

of opening will be extended to next working day.

ii. This extension will be also applicable in case of receipt of zero bid.

iii. Bidders will have right to modify / withdraw their bids during extended period of submission of bids.

http://eprocure.gov.in/

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iv. After two extensions (as applicable) as stated above the tender shall be opened irrespective of available

no. of bids on the extended date of opening of tender.

v. If any of the above extended dates falls on Holiday i.e. a non-working day as defined in the e-

procurement portal then the same is to be rescheduled to the next working day.

vi. The validity period of the tender should be decided based on the final end date of submission of bids.

3. Deposit of EMD :

3.1 The bidder will have to make the payment of EMD through online mode only. In Online mode the bidder

can make payment of EMD either through net-banking from designated Bank/s or through NEFT/ RTGS

from any scheduled Bank.

Net-Banking: In case of payment through net-banking the money will be immediately transferred to CIL’s

designated Account.

NEFT/ RTGS: In case of payment through NEFT/ RTGS the bidder will have to make payment as per

the Challans generated by system on e-Procurement portal before submission of bid. The EMD payment

through NEFT/ RTGS mode should be made well ahead of time to ensure that the EMD amount is

transferred to CIL account before bid submission.

3.2 Bidder will be allowed to submit his/her bid only when the EMD is successfully received in CIL’s

designated account and the information flows from Bank to e-Procurement system.

3.3 It is advised that the payment of EMD should be made at least 2 days prior to due date and time of

submission of tender to avoid any complications in submitting online bid before the scheduled last date

and time of submission. In online payment of EMD, if the payment is made by the bidder within the last

date & time of bid submission but not received by CIL within the specified period due to any reason then

the bid will not be accepted. However, the EMD will be refunded back to the bidder.

3.4 Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by Department of

Micro, Small and Medium Enterprises (MSME) will be exempt from the payment of earnest money. Such

bidders will have to upload the scanned copy of the documents in support of their claim for exemption of

EMD during submission of bid online.

3.5 Any bid which has not been submitted either with the requisite amount of EMD or the valid exemption

document will not be considered for further evaluation.

4. Pre-bid Meeting: The pre-bid meeting shall be held in the office of General Manager (MM), CIL on the

scheduled date & time. The purpose of the pre-bid meeting is to clarify the issues and to answer the questions

on any matter that may be raised at that stage. Non-attendance at the pre-bid meeting will not be a cause for

disqualification of bidder and it shall be presumed that the bidder does not require any clarification. If a Pre

Bid meeting is held then the minutes of the Pre-Bid meeting shall be uploaded on the Portal, before start date

of bid submission which can be viewed by all interested bidders.

5. Clarification of Bid: The bidder may seek clarification online within the specified period. The identity

of the Bidder will not be disclosed by the system. The department will clarify as far as possible the

relevant queries of bidders. The clarifications given by department will be visible to all the bidders

intending to participate in that tender.

6. The bidders have to accept the on-line user portal agreement, which contains the acceptance of all the Terms

and Conditions of NIT and tender document, undertakings and the e-Procurement system through

https://coalindiatenders.nic.in in order to become an eligible bidder. This will be a part of the agreement.

7. Eligible Bidders: The Invitation for Bid(s) is open to all Bidders including an individual, proprietorship firm,

partnership firm, company registered under Companies Act or joint ventures. The bidders shall be eligible to

participate only if they fulfill the qualifying/eligibility criteria specified in NIT.

Joint Venture / Consortium: Two or three companies/ contractors may jointly undertake contract/contracts.

Each entity will be jointly and severally responsible for completing the task as per the contract.

Joint Venture / Consortium details:

Name of all partners of a joint venture / Consortium (not more than 3):

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1. Lead partner

2. Partner

3. Partner

Joint Venture /Consortium must comply the following requirements:

i. The qualifying criteria parameter e.g. experience, financial resources(of the relevant period) and the

equipment of the individual partners of the JV/Consortium will be added together and the total criteria should

not be less than as spelt out in qualifying/eligibility criteria as specified in e-tender Notice.

ii. The formation of joint venture/Consortium or change in the Joint Venture /Consortium character/ partners

after submission of the bid and any change in the bidding regarding Joint Venture/ Consortium will not be

permitted.

iii. The bid, and in case of a successful bid - the agreement, shall be signed so as to legally bind all partners

jointly and severally and any bid shall be submitted with a copy of the Joint Venture/ Consortium Agreement

providing the joint and several liabilities with respect to the contract.

iv. The pre-qualification of a Joint Venture /Consortium does not necessarily pre-qualify any of its partners

individually or as a partner in any other Joint Venture /Consortium or association. In case of dissolution of a

Joint Venture /Consortium, each one of the constituent firms may pre-qualify if they meet all the pre-

qualification requirements, subject to written approval of the employer.

v. The bid submission must include documentary evidence to the relationship between Joint Venture

/Consortium partners in the form of JV/Consortium Agreement to legally bind all partners jointly and

severally for the proposed agreement which should set out the principles for the constitution, operation,

responsibilities regarding work and financial arrangements, participation (percentage share in the total ) and

liabilities ( joint and several ) in respect of each and all of the firms in the Joint Venture /Consortium. Such

JV/Consortium Agreement must evidence the commitment of the parties to bid for the facilities applied for

(if pre-qualified) and to execute the contract for the facilities if their bid is successful.

vi. One of the partners shall be nominated as ‘In-charge’ of the contract and shall be designated as Lead Partner.

This authorization shall be evidenced by submitting with the bid a Power of Attorney signed by legally

authorized signatories of all the partners.

vii. The JV / Consortium Agreement must provide that the Lead Partner shall be authorized to incur liabilities

and receive instructions for and on behalf of any and all partners of the Joint Venture/ Consortium and the

entire execution of the contract shall be done with active participation of the Lead Partner.

viii. The contract agreement should be signed by each Joint Venture/Consortium Partners. Subsequent

declarations/letters/documents shall be signed by lead partner authorized to sign on behalf of the

JV/Consortium or authorized signatory on behalf of JV/Consortium.

ix. The bid should be digitally signed by a person authorized by all the partners of the Joint Venture/Consortium.

x. An entity can be a partner in only one Joint Venture /Consortium. Bid submitted by Joint Venture

/Consortiums including the same entity as partner will be rejected.

xi. The JV / Consortium agreement may specify the share of each individual partner for the purpose of execution

of this contract. This is required only for the sole purpose of apportioning the value of the contract to that

extent to individual partner for subsequent submission in other bids if he intends to do so for the purpose of

the qualification in that Bid.

xii. The earnest money / bids security can be submitted by the Joint Venture /Consortium or one or more partners

of the Joint Venture /Consortium.

xiii. The JV / Consortium agreement must specifically state that it is valid for the project for which bidding is

done. If JV/Consortium breaks up midway before award of work and during bid validity period bid will be

rejected.

If JV / Consortium breaks up midway before award of work and during bid validity/after award of

work/during pendency of contract, in addition to normal penalties as per provision of bid document, all the

partners of the JV/Consortium shall be debarred from participating in future bids for a minimum period of

12 months.

xiv. JV / Consortium agreement shall be registered in accordance with law so as to be legally valid and binding

on the members before making any payment.

xv. JV shall open a Bank Account in the name of JV and all payments due to the JV shall be credited by employer

to that account only. To facilitate statutory deductions all statutory documents like PAN/GSTIN, etc. in the

name of the Joint Venture shall be submitted by JV before making any payment.

xvi. The JV/Consortium must enroll in the e-Procurement portal with the name of the firm as appearing in the

JV/Consortium agreement.

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8. Eligibility Criteria:

A. Work Experience: The bidder must have in its name or proportionate share as a member of JV/Consortium,

experience of having successfully executed (includes completed/ongoing) works of similar nature (as per the

definition of similar nature of work given below) valuing 65% of the annualized estimated cost of the work

put to tender (for period of completion over 1 year) / 65% of the estimated cost of the work (for completion

period up to one year) put to Tender in any year (consecutive 365 days) during last 7(seven) years ending last

day of month previous to the one in which bid applications are invited.

“Annualized value” of the work shall be calculated as the “Estimated Cost/Period of completion in Days x

365”.

The cost of executed works shall be given a simple weightage to bring them at current price level by adding

5% for each completed year (total number of days/365) after the end date of experience till the last day of

month previous to one in which e-Tender has been invited.

The definition of similar work shall be as follows:

“Setup / Supply & Installation / Maintenance / Operation & maintenance of Data Centre

in India”.

Or

“Supply & Installation / Maintenance / Operation & maintenance of IT infrastructure

in addition to Setup/ Supply & Installation / Maintenance /Operation & maintenance of

Data Centre in India”.

In respect of the above eligibility criteria the bidders are required to furnish the following information on-line:

I. Start date of the year for which work experience of bidder is to be considered for eligibility.

II. Start date & end date of each qualifying experience (similar nature)

III. Work Order Number/Agreement Number of each experience

IV. Name & address of Employer/Work Order Issuing authority of each experience

V. Percentage (%) share of each experience (100% in case of an Individual/proprietorship firm or a

partner in a partnership firm or and the actual % of share in case of a Joint Venture/Consortium).

VI. Executed Value of work against each experience

VII. In case the bidder is a Joint Venture, the work experience of any one, two or three of the individual

partners of JV or the JV itself may be furnished as the work experience of the bidder.

B. Working Capital: Evidence of possessing adequate working capital (at least 20% of the “Annualized value

or Estimated value whichever is less” of this work) inclusive of access to lines of credit and availability of

other financial resources to meet the requirement. The bidder should possess the working capital within three

months prior to the date of opening of tender.

Data to be furnished by Bidder on-line:

i. Amount of available working capital inclusive of lines of credit and availability of other financial

resources

ii. Date on which the bidder possesses the required working capital

iii. Name of the Chartered Accountant (CA)

iv. Membership Number of CA who certifies the bidder's working capital on a particular date.

v. Date of Issue of Certificate

vi. In case the bidder is a Joint Venture, the working capital of the individual partners of the JV will be

added together for each financial year and is to be furnished as the turnover of the bidder for that

particular financial year

C. Permanent Account Number (PAN): The bidder should possess Permanent Account Number (PAN) issued

by Income Tax department, Govt. of India.

In respect of the above eligibility criteria the bidders are required to furnish the following information

on-line:

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i). Confirmation of possessing the Permanent Account Number (PAN), in the form of Yes/No.

Note: In case of JV/Consortium, each Indian partner of JV/Consortium should possess PAN and each foreign

partner should possess Verifiable Tax Residency Certificate of respective country or JV/Consortium itself should

possess PAN.

D. Goods and Services Tax (Not Applicable for Exempted Services)

The bidder should be either GST Registered Bidder(but not under composition scheme)

OR

GST unregistered Bidder/Dealer

Information to be furnished by bidder on line:

1. Confirmation in the form of Yes/No regarding possessing of required document as enlisted in NIT

with respect to GST status of the bidder.

Scanned copy of documents to be uploaded by bidders in support of information/ declaration

furnished online by the bidder against Eligibility Criteria as Confirmatory Document

The following documents depending upon the status w.r.to GST as declared by Bidder in the BOQ

sheet:

(a) Status: GST registered Bidder (but not under composition scheme):

Document: GST Registration Certificate (i.e. GST identification Number) issued by

appropriate authority.

(b) Status: GST unregistered bidder:

Document: A Certificate from a practicing Chartered Accountant having membership number

with Institute of Chartered Accountants of India certifying that the bidder is GST unregistered

bidder/dealer in compliance with the relevant GST rules of India .

[In case of JV a Certificate from a practicing Chartered Accountant having membership

number with Institute of Chartered Accountants of India confirming the status of JV w.r.to

GST in compliance relevant GST rules or GST Registration Certificate of JV]

Note:

(i) In case the work/service is awarded to a Joint Venture participating in the tender they have to

submit PAN, GST registration (as applicable in the tender and for the bidder status) etc. in the

name of the Joint Venture after Award of Work/Service at the time of execution of agreement/

before the payment of first running on account bill.

(ii) If turnover of bidder exceeds exemption limit, the bidder must have GST registration as per

GST Act and rules.

9. Deleted

10. Submission of Bid:

a. In order to submit the Bid, the bidders have to get themselves registered online on the e-Procurement portal

(https://coalindiatenders.nic.in) with valid Digital Signature Certificate (DSC) issued from any agency

authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be traced up to the

chain of trust to the Root Certificate of CCA. The online Registration of the Bidders on the portal will be

free of cost and one-time activity only. The registration should be in the name of bidder, whereas DSC holder

may be either bidder himself or his duly authorized person. (For JV/Consortium Ref. Clause 7)

b. The bidders have to accept unconditionally the online user portal agreement which contains the acceptance

of all the Terms and Conditions of NIT including General and Special Terms & Conditions and other

conditions, if any, along with on-line undertaking in support of the authenticity of the declarations regarding

the facts, figures, information and documents furnished by the Bidder on-line in order to become an eligible

bidder. No conditional bid shall be accepted.

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c. For online submission of tender, the bidders will have to upload “Letter of Bid” and all the confirmatory

documents as prescribed in the NIT in Cover-I and only “Price-bid” in Cover-II.

d. Letter of Bid: The format of Letter of Bid (as given in the NIT at Annexure-VII) will be downloaded by the

bidder and will be printed on Bidder’s letter head and the scanned copy of the same will be uploaded during

bid submission in cover-I. This will be the covering letter of the bidder for his submitted bid. The content of

the “Letter of Bid” uploaded by the bidder must be the same as per the format downloaded from website and

it should not contain any other information.

The Letter of bid will be digitally signed by DSC holder submitting bid online and it does not require any

physical signature. However, if the Letter of Bid (LoB) bears the physical signature in addition to the digital

signature of DSC holder, it will be accepted without questioning the identity of person signing the Letter of

Bid.

If there is any change in the contents of Letter of Bid uploaded by bidder as compared to the format of

Letter of Bid uploaded by the department with NIT document, then the bid will be rejected.

e. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT at Clause No-15 in support

of online information submitted by the bidder are to be uploaded in cover-I by the bidder while submitting

his/her bid.

f. Price Bid: The Price Bid containing the Bill of Quantity will be in Excel format and will be downloaded by

the bidder and he will quote the rates for all items on this Excel file. Thereafter, the bidder will upload the

same Excel file during bid submission in cover-II. The Price Bid will be in Item Rate BOQ format and the

bidder will have to quote for all the tendered items. Bid evaluation shall be done after taking into

consideration overall quoted price by bidder and effect of Goods and Services Tax (GST), GST

Compensation Cess etc. as applicable. L-1 will be decided on the basis of cost to Company. The Price Bids

of the tenderers will have no condition. The Price Bid which is incomplete and not submitted as per

instruction given above will be rejected.

11. All bids are to be submitted on-line on the website https://coalindiatenders.nic.in. No bid shall be accepted off-

line.

12. It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and internet

connectivity at bidder’s premises to access the e-tender portal. Under any circumstances, CIL shall not be

liable to the bidders for any direct/indirect loss or damages incurred by them arising out of incorrect use of the

e-tender system or internet connectivity failures.

13. The e-Procurement System will evaluate the Technical bids automatically on the basis of relevant data

provided by bidder through a form in an objective and structured manner while submitting bid. If the parameter

given by bidder in objective and structured manner does not confirm to required eligibility criteria as specified

in the tender document, then the bid will be automatically rejected by the system. The system will automatically

upload the technical opening summary and technical evaluation summary.

14. Tenders –Cum-Reverse Auction: Tenders having value of Rs.1.00 Cr and above

shall follow reverse auction process as under;

a) Reverse Auction will be initiated after opening of price bids on specified date and period as

mentioned in the NIT, for which information shall also be sent by system generated email and SMS.

However, it will be the bidder’s responsibility to check the updated information on their personalized

dash board regularly after opening of bid. No separate communication will be required in this regard.

Non-receipt of e-mail and SMS will not be accepted as a reason of non-participation in the Reverse

Auction Process (RAP).

b) There will be no participation fees for e-Reverse auction.

c) Upon opening of the price bids, a reverse auction platform will be created, displaying only the L1

price received. No indication will be available in the portal to anybody regarding number of bids and

names of the bidders.

H1 bid will be eliminated during price bid opening, if more than three techno –commercially

acceptable bids are available as per the evaluation done by system and such bidder will not be allowed

to participate in reverse auction. If two or three bidders have quoted same H1 land cost (i.e. cost to

company), the bidder(s) who submitted/ frozen the bid later, shall be rejected and will not be allowed

to participate in reverse auction.

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d) System displays L1 cost to company price automatically in auction creation form and allows TIA to

edit the value as 'start bid' price. For the time being L1 Price or [approved estimated/justified price

excluding GST (only estimated price in case of mining tenders) + applicable GST including

GST Compensation Cess, if any, taking into consideration Input tax credit, if applicable] + 10%

whichever is lower will be the start bid price for tenders for works and services. If the L-1 price is

higher than the Start Bid Price (as above) and the RAP is not triggered within the scheduled

time, the cases will be retendered.

e) The L1 price / start bid price is cost to the company price on which the auction will be initiated. At

the end of reverse auction, the L1 bidder has to submit break up of prices conforming to the lowest

landed rate quoted by him in the reverse auction.

f) The bidder(s) who have participated in the reverse auction has to upload the Breakup of cost to

company Prices in the confirmatory documents. The detailed Break-up of offered cost to company

price, uploaded by the bidder shall be considered and order, if placed, shall be with the same break-

up of prices. The bidder(s) after reverse auction will be responsible to ensure that the cost to company

rate as per the breakup of prices provided by him after the reverse auction and the cost to company

rate offered by him in the reverse auction is exactly same. The bidder will not be allowed to increase

the rate of any item while submitting the break up. While giving the break up, the bidder will have to

consider same rate of taxes and duties as quoted while submitting the e price bid. In case the bidder(s)

fail(s) to submit the break-up of cost to company price within stipulated period or the break up given

by bidder does not match with total offered price, the Company will be at liberty to place order by

proportionately reducing item rates on basis of the breakup of the e-price bid submitted by the bidder

along with the initial offer and the same will be binding on the bidder. In case of works and services

tenders, the reverse auction will be conducted on the composite cost to company price.

g) The decrement value will be 0.5 % of the start bid price with minimum of Rs.1/-, as the

system does not have a provision of taking amounts less than Rs.1/- as decrement value. The

reduction shall have to be made as per decrement value or in multiple thereof.

The maximum seal Percentage will be fixed as 2% of Start bid price / last quoted price during

reverse auction, whichever is lower.

In order to have ease of submission of reverse auction bid by the bidders, it is suggested that

decrement value may be rounded off to nearest value as under :

(a) For decrement values up to Rs.10/-, rounding off may be made to nearest rupee.

(b) For decrement values from Rs.11/- to Rs.100/-, rounding off may be made to nearest

10.

(c) For decrement value from Rs.101/- to Rs.1,000/-, rounding off may be made to nearest

100.

(d) For decrement value from Rs.1,001/- to Rs.10,000/-, rounding off may be made to

nearest 1000.

and so on ......

For cases where the unit rate is low and quantum of item is huge, if the decrement value in

terms of 0.5% works out to be in paise and rounding off to nearest rupee, would be much

higher than 0.5% of start bid value, the unit of measurement may be adjusted in such a way so

that decrement value may remain in the range of 0.5% or Rs.1/- whichever is higher.

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For example, Tender for any item, whose unit of measurement is in KG and having low unit

rate may be invited in terms of 10 KG or 100 Kg, as may be considered appropriate, as unit of

measurement.

h) Initial period of reverse auction will be two hours, which will start within two hours of the opening

of Bid. There will be auto extensions of time every time by ten minutes in case of any reduction

recorded in the last ten minutes. The reverse auction will come to a close only when there is no

further reduction recorded in the last ten minutes slot.

i) System protects bid and bidder information till auction gets over and displays current L1 price to

the bidder in auction hall.

j) System provides bidder details along with bid documents at the end of reverse auction process.

k) If a bidder does not submit his bid in the Reverse Auction, the price quoted by him in the price bid

shall be considered as the valid price of that bidder. The status of the bidder (L1, L2 etc) shall be

evaluated considering either the bid price submitted in Reverse auction or the Price quoted in the

price bid, whichever is lower.

l) The bid history shall reflect only the landed price. The landed price shall also not be same for two

bidders even if any bidder makes such an attempt.

Only the chronologically last bid submitted by the bidder till the end of the auction shall be

considered as the valid price bid of that bidder. Any bid submitted earlier by the bidder prior to

submission of his last bid will not be considered as the valid price bid.

m) Server time shall be the basis of Start time & Closing time for bidding and shall be binding for all.

This would be visible to all concerned.

n) All electronic bids submitted during the reverse auction process shall be legally binding on the

bidder. The chronologically last bid submitted by the bidder till the end of the auction will be

considered as the valid price bid offered by that bidder and acceptance of the same by CIL will

form a binding contract between CIL and the bidder for entering into a contract. Any bid submitted

earlier by the bidder prior to submission of his last bid will not be considered as the valid price

bid.

o) Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after

submission of bid, the discount shall not be considered for evaluation of offers but shall be availed

if order is placed on such tenderer.

p) If the lowest price received during reverse auction is unreasonable or it is unacceptable on ground

of being too high or too low compared with estimated price, the management reserves right to

seek justification of the price from lowest bidder. If the price is not considered reasonable,

management may not accept such bid and go for another tender process.

q) In case of disruption of service at the service provider's end while the RAP (Reverse Auction

Process) is online, due to any technical snag or otherwise attributable to the system failure

at the server end, the RAP process will start all over again. In such a situation, the last recorded

lowest price of prematurely ended RAP, will be the 'Start Bid' price for the restarted RAP. The

prices quoted in the prematurely ended RAP will be binding on all the bidders for consideration,

if the restarted RAP does not trigger within the stipulated time.

Disruption and restarting of RAP shall be intimated to all the bidders through system/

SMS/ e-mail through e procurement portal. All the time stipulations of normal RAP will be

applicable to the restarted RAP.

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15. The following supportive documents of L-1 bidder only, shall be downloaded for evaluation by the Tender

Inviting Authority.

Sl

No. Eligibility Criteria Scanned copy of documents, to be uploaded in support of information/

declaration furnished online by the bidder against Eligibility Criteria

as Confirmatory Document

1 Work Experience

(Ref. Clause No.8(A) of

NIT)

For work experience, bidders required to submit Satisfactory Work

execution/Completion (includes completed /ongoing) Certificate

along with complete set of copy of Work Order enumerating the

Scope of Work issued by the employer against the Experience of

similar work containing all the information as sought on-line. 2 Working Capital

(Ref. Clause No.8(B) of

NIT)

Certificate of Working Capital issued by a Practicing Chartered

Accountant having a membership number with Institute of Chartered

Accountants of India containing the information as furnished by bidder

online.

3 Permanent Account

Number

(Ref. Clause No.8(C) of

NIT)

PAN card issued by Income Tax department, Govt. of India

(In case of JV/Consortium, PAN card for each Indian partner of

JV/Consortium and Verifiable Tax Residency Certificate of respective

country for each foreign partner or JV/Consortium itself)

3A Goods and Services Tax

(Not Applicable for

Exempted Services) (Ref

Clause No.8(D) of NIT)

The following documents depending upon the status w.r.to GST as

declared by Bidder in the BOQ sheet:

a) Status: GST registered Bidder(but not under composition scheme)

Document: GST Registration Certificate (i.e. GST identification

Number) issued by appropriate authority of India.

b) Status: GST unregistered bidder:

Document: A Certificate from a practicing Chartered Accountant

having membership number with Institute of Chartered Accountants

of India certifying that the bidder is GST unregistered bidder in

compliance with the relevant GST rules of India.

[In case of JV, a Certificate from a practicing Chartered Accountant having

membership number with Institute of Chartered Accountants of India

confirming the status of JV w.r.to GST in compliance with relevant GST

rules or GST Registration Certificate of JV]

Note:-If turnover of bidder exceeds exemption limit, the bidder must

have GST registration as per GST Act and rules.

4 Legal Status of the bidder Any one of the following document:

1. Affidavit or any other document to prove proprietorship/Individual

status of the bidder.

2. Partnership deed containing name of partners.

3. Memorandum & Article of Association with certificate of

incorporation containing name of bidder.

4. Joint Venture agreement containing name of partners and lead

partner, Power of Attorney to the Lead Partner and share of

each partner. 5 Digital Signature

Certificate (DSC)

If the bidder himself is the DSC holder bidding on-line then no document

is required.

However, if the DSC holder is bidding online on behalf of the bidder then

the Power of Attorney or any sort of legally acceptable document for the

authority to bid on behalf of the bidder.

6 Undertaking 1. A commitment is to be uploaded in the form of UNDERTAKING

on Bidder’s letter head as per the format given in the bid document

(Annexure-V). Undertaking is about the genuineness of

information furnished online, authenticity of scanned copy of

documents uploaded and about other commitments.

13

2. In case of partnership firm/Joint Venture, undertaking as per

Annexure-VIII, is also to be submitted.

Note: In case of JV, undertaking shall be signed by all the partners.

7 Undertaking from the

bidder A commitment is to be uploaded in the form of UNDERTAKING on

bidder’s letter head as per the proforma given in the bid document at

annexure- XI of NIT that back to back agreement/ purchase order

with the major OEMs as mentioned below for their equipment shall be

executed directly with OEM or through OEM’s authorized channel

partners for back to back support to maintain the SLA as per NIT

including spares, patches for the mentioned equipment shall be

provided by OEM for next 3 years (entire contract period) from date

of commencement of the contract. The successful bidder is required to

submit the purchase order/agreement with OEM directly or through

OEMs authorized channel partners before entering in to the

agreement with CIL.

Major OEMs :

i. Networking Infrastructure consisting of Core & L3/L2 switches, Wi-

Fi system (OEM: Extreme Networks)

ii. IP-PBX system, VC System (OEM: Avaya)

iii. UPS, Power distribution system (OEM: APC / Schneider)

iv. PAC (OEM: APC / Schneider)

8 Letter of Bid (LoB)

(Ref. Clause No.10(d) of

NIT)

The format of Letter of Bid (as given in the NIT at Annexure-VII) printed

on Bidder’s letter head.

9 Micro and Small

Enterprises (MSE)

If the bidder is MSE, they are required to upload all the required

documents as per clause 3 and clause 17 of e-tender Notice.

If the bidder is not MSE, then blank document needs to be uploaded.

10 Quality Certification The bidder should have valid ISO 9001 certification for QMS. The

bidder shall submit copy of valid ISO 9001 certificate.

Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any additional

relevant documents to support the information/declaration furnished online by the bidder against

eligibility criteria may also be attached by the bidder in the same file to be uploaded against respective

eligibility criteria.

After evaluation of the uploaded documents, shortfall documents, if required, may be sought from the L-1

bidder. For this purpose, maximum 2 (two) chances, 7 (Seven) days & 5 (Five) days duration respectively shall be given.

16. If the techno-commercial acceptability of L-1 bidder is established upon verification of uploaded

documents and short fall documents if any, the case may be considered by the tender committee. If the

L-1 bidder happens to be defaulter upon verification, the documents of the next lowest bidder shall be

downloaded for evaluation and shortfall documents may be obtained if required. This process will continue

sequentially till techno-commercially acceptable L-1 is established.

17. Tender/Tender cum auction evaluation:

A. After opening of Price-bid (after finishing reverse auction in case of tender cum auction), the

documents submitted by L-1 bidder in cover I as enlisted in the NIT will be downloaded by the Evaluator

and shall be put up to the Tender Committee. The Tender Committee will examine the uploaded

documents against information/declarations furnished by the L1 bidder online. If it confirms to all of the

information/ declarations furnished by the bidder online and does not change the eligibility status of the

bidder, then the bidder may be considered eligible for award of Contract.

B. In case the Tender Committee finds that there is some deficiency in uploaded documents by

L1 bidder then the same will be specified online by Evaluator clearly indicating the

omissions/shortcomings in the uploaded documents and indicating start date and end date

14

allowing 7 days (7 x 24 hours) time for online re-submission by L1 bidder. The L-1 bidder will

get this information on their personalized dash board under “Upload confirmatory document”

link. Additionally, information shall also be sent by system generated email and SMS, but it will

be the bidder’s responsibility to check the updated status/information on their personalized

dashboard regularly after opening of bid. No separate communication will be required in this

regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-submission of

documents within prescribed time. The bidder will upload the scanned copy of all those specified

documents in support of the information/ declarations furnished by them online within the

specified period of 7 days. If the L1 bidder fails to submit the specified document/s in 7 (Seven)

days, 5 more days (5 x 24 hours) of time may be given by Evaluator clearly indicating the

omissions/shortcomings in the uploaded documents and indicating start date and end date for

submission of such document/s.

C. The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The L-1 bidder

is not required to submit hard copy of any document through offline mode. Any document submitted

offline may not be given any cognizance in the evaluation of tender.

D. In case the L-1 bidder submits requisite documents online as per NIT, then the bidder will be considered

eligible for award of Contract.

E. In case the L-1 bidder fails to submit requisite documents online as per NIT or if any of the

information/declaration furnished by L-1 bidder online is found to be wrong by Tender Committee during

evaluation of scanned documents uploaded by bidder, which changes the eligibility status of the bidder,

then his bid shall be rejected and EMD of L-1 bidder will be forfeited. If such bidder is a EMD exempted

bidder, he will be asked to deposit the equivalent amount within 7 days of notice, otherwise will be

disqualified in the subsequent tender for the item he participates.

F. In case the L1 bidder is technically eligible but rejection is due to high rate quoted by him/her then the

tender shall be cancelled and retendered.

G. In case the L1 bidder is rejected due to noncompliance of confirmatory documents then the L-2 bidder

will become L-1 bidder and confirmatory documents of this bidder shall be evaluated by TC and the

process shall be followed as mentioned in Clause no. A to F above.

H. The process as mentioned at Clause G shall be repeated till the work is either awarded or all the eligible

bidders are exhausted.

I. In case none of the bidder complies the technical requirement, then re-tender will be done (with the

same or different quantity, as per the instant requirement).

J. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the required

documents as mentioned above.

K. If the techno-commercial acceptability of L-1 bidder is established upon verification of uploaded

documents and shortfall documents if any, the case shall be considered by the tender committee for Award

of Contract. If the L-1 bidder happens to be defaulter upon verification, the documents of the next lowest

bidder shall be downloaded for evaluation and short fall documents obtained if required. This process

continues sequentially till techno-commercially acceptable L-1 is established or all the eligible bidders

are exhausted.

Note:

The following penalties shall be imposed on the defaulting bidders:

Situation Penal Provisions

L-1 bidder is a defaulter 100% of EMD is forfeited.

* The zone of applicability of penal provisions shall be restricted to CIL.

** The penal provisions will be squarely applicable to all those firms whose

documents are examined on account of treating them as L-1 successively.

15

Procurement from Micro and Small Enterprises (MSEs)

(a) The MSE (i.e. the lowest service charge quoted MSE) participating in the tender and quoting

service charge within price band of L1+15% will be awarded the work, subject to the bidder

matching their quoted service charge to L1 price in a situation where L1 price is from someone

other than a MSEs and subject to other terms of tender document.

(b) In case the lowest service charge quoted MSE is rejected due to non-compliance of

confirmatory documents then the next lowest service charge quoted MSE within price band

of L1+15% will be awarded the work, subject to the bidder matching their quoted service

charge to L1 price and subject to other terms of tender document. This process shall be

repeated till the work is either awarded to MSE bidder or all the MSE bidders are exhausted.

(c) Classification of Micro and Small Enterprise are as under:

i) Micro Enterprise -Enterprise where the investment in equipment does not exceed Rupees Ten

Lakhs.

ii) Small Enterprise- Enterprise where the investment in equipment is more than Rupees Ten

Lakhs but does not exceed Rupees Two crores.

(d) The MSEs should be registered with District Industries Centers (DICs)/ Khadi & Village

Industries Commission (KVIC)/ Khadi & Village Industries Board (KVIB)/ Coir Board/ NSIC/

Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small

& Medium Enterprises (MoMSME) are eligible for availing benefits under the Public Procurement

Policy for Micro and Small Enterprise (MSEs) Order, 2012.

(e) The MSEs are required to submit copy of documentary evidence, issued by their registering

authority whether they are small enterprise or micro enterprise as per provisions of Public

Procurement Policy for Micro and Small Enterprise (MSEs) Order, 2012 with latest

guidelines/clarifications provided by MoMSME.

18. One Bid per Bidder: Each Bidder shall submit only one Bid, either individually, or as a partner in a

partnership firm or a partner in a Joint Venture/Consortium or a public limited firm. A Bidder who

submits or participates in more than one Bid will cause all the proposals with such Bidder’s participation

to be disqualified.

19. Refund of EMD:

a. If EMD is paid by the bidder in online mode (Direct Debit/NEFT/RTGS) then the EMD of

rejected bidders will be refunded at any stage directly to the account from where it had been

received (except the cases where EMD is to be forfeited).

b. No claim from the bidders will be entertained for non-receipt of the refund in any account

other than the one from where the money is received.

c. If the refund of EMD is not received by the bidder in the account from which the EMD has

been made due to any technical reason, then it will be paid through conventional system of

e-payment. For this purpose, if required, Tender Inviting Authority will obtain the Mandate

Form from the Bidder.

d. In case the tender is cancelled then EMD of all the participating bidders will be refunded

unless it is forfeited by the department.

e. If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)

then his/her EMD will be refunded automatically after the opening of tender.

f. The EMD of successful bidder (on Award of Contract) will be retained by CIL and will be

adjusted to Performance Security Deposit at bidder’s option.

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20. Site Visit: The Bidder, at their own responsibility, cost and risk, is encouraged to visit and examine the

Site of works and its surroundings and obtain all information that may be necessary for preparing the

Bid and entering into a contract for execution of the works. The cost of visiting the Site shall be at the

Bidder’s own expense.

It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the

working conditions and other prevalent conditions and fluctuations thereto whether he actually visits the

site/area or not and has taken all the factors into account while quoting his rates.

21. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of his

bid and the Employer will in no case be responsible and liable for those costs.

22. Change in Constitution of the Contracting Agency:

Prior approval in writing of the Company shall be obtained before any change is made in the constitution of the contracting agency, otherwise it will be treated as a breach of Contract.

23. Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders

submitted by such tenderers who resort to canvassing shall be liable for rejection.

24. The Price bid containing the Bill of Quantity will be in .xls format (password protected) and will be

uploaded during tender creation. This will be downloaded by the bidder and he will quote the rates for

all items on this Excel file. Thereafter, the bidder will upload the same Excel file during bid submission

in Cover-II. The Price-bid will be in Item Rate or Percentage Rate BOQ format and the bidder will have

to quote for all the tendered items and the L-1 will be decided on overall quoted value(i.e. Cost to

company). The Price-bids of the tenderers will have no condition. The Price Bid which is incomplete

and not submitted as per instruction given above will be rejected.

25. Bid Validity: The validity period of the tenders shall be 120 (One Hundred & Twenty) days from the

last date of submission of bid.

In exceptional circumstances, prior to expiry of the original time limit, the Employer may

request the bidders to extend the period of validity for a specified additional period. The employer’s

request and the bidder’s responses shall be made in writing. A bidder may refuse the request without

forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify

his bid but will be required to extend the validity of his bid.

The tenderer shall not, during the said validity period or within the period extended by mutual consent, revoke or cancel his tender or alter the tender or any terms/conditions thereof without consent in writing of the Company. In case the tenderer violates to abide by this, the Company will be entitled to take action as per clause No.26 (Modification and Withdrawal of Bid) of the NIT.

26. Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed online only before the deadline of submission of

tender and the bidder may modify and resubmit the bid online as many times as he may wish.

Bidders may withdraw their bids online within the end date of bid submission and their EMD will be

refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the bid in that

particular tender. For withdrawal of bid after the end date of bid submission, the bidder will have to

make a request in writing to the Tender Inviting Authority. Withdrawal of bid may be allowed till issue

of work order/LOA with the following provision of penal action:

1. the EMD will be forfeited and

2. the bidder will be debarred for 1(One) year from participating in tenders in CIL.

The Price-bid of all eligible bidders including this bidder will be opened and action will follow as under:

i). If the bidder withdrawing his bid is other than L 1, the tender process shall go on.

ii). If the bidder withdrawing his bid is L-1, then re-tender will be done.

Note:

In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the approval of

Tender Accepting Authority (in case Board is Tender Accepting Authority then with the approval of

CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred for one year from

participating in tenders in CIL. This letter will be circulated to all Areas and CIL HQ. and the updated list

will be maintained by all Tender Inviting Authority/Evaluators.

Penal action against clauses above will be enforced from the date of issue of such order.

17

27. Bid Prices: The Bidders shall offer for the whole work based on the priced Bill of Quantities submitted

by the bidder. However, the employer reserves the right to allot part of the work at their discretion and no

claims, whatsoever, shall be entertained in this regard.

The Bidder shall fill-in rates and prices for all items of the work described in the Bill of Quantities. The

rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall not be subject

to variations on any account except to the extent variations allowed as per the conditions of the contract

of the bidding document.

28. All duties, taxes (excluding Goods and Services Tax (GST) and GST Compensation Cess (if applicable)

only) and other levies payable by the bidder/Contractor under the Contract, or for any other clause as

applicable on the last date of submission of Bid, shall be included in the rates, prices and the total Bid

Price submitted by the Bidder. Applicable GST either payable by bidder or by company under reverse

change mechanism shall be computed by system in BoQ sheet as per predefined logic.

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages etc. as may be attendant

upon execution and completion of works shall also be included in the rates, prices and total bid price

submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or

any increase over the rate existing on the last date of submission of Bid shall be reimbursed by the company

on production of documentary evidence in support of payment actually made to the concerned authorities.

Similarly if there is any decrease in such duties, taxes and levies the same shall become recoverable from

the contractor. The details of such duties, taxes and other levies along with rates shall be declared by the

bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST &

GST Compensation Cess. The payment of GST and GST Compensation Cess by service availer (i.e.

CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor) would be made only on the

latter submitting a Bill/invoice in accordance with the provision of relevant GST Act and the rules made

thereunder and after online filing of valid return on GST portal. Payment of GST & GST Compensation

Cess is responsibility of bidder/contractor.

However, in case contractor is GST unregistered bidder/dealer in compliance with GST rules, the

bidder/dealer shall not charge any GST and/or GST Compensation Cess on the bill invoice. In such cases,

applicable GST will be deposited by CIL/Subsidiary directly to concerned authorities.

Input tax credit is to be availed by CIL as per rule.

If CIL fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or the

ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and services in

incorporating the tax invoice issued to CIL in its relevant returns under GST, payment of CGST & SGST

or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax authorities, issue of proper

tax invoice or any other reason whatsoever, the applicable taxes & cess paid based on such Tax invoice

shall be recovered from the current bills or any other dues of the supplier/vendor along with interest, if

any.

29. Currencies of Bid and Payment: The unit rates and prices shall be quoted by the Bidder entirely in Indian

Rupees only.

30. The Company reserves the right to postpone the date of receipt and opening of tenders or to cancel the tenders without assigning any reason whatsoever.

31. The Company reserves its right to allow Public Enterprises purchase preference facility as admissible under prevailing policy.

32. Contractors are to employ, to the extent possible, local “Project Affected People” and pay wages not less than the minimum wages as mentioned in Point No 12(xi) of General Terms and Condition of Conditions of Contract.

33. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s estimate of the

cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed

18

price analysis for any or all items of the Bill of Quantities to demonstrate the internal consistency of those

prices with the methods and schedule proposed.

34. Employer’s Right to Accept any Bid, Negotiate and to Reject any or all Bids: The Employer reserves the right to accept, negotiate or reject any Bid and to cancel the bidding process

and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the

affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for

the Employer’s action.

35. Award Criteria:

The Employer will award the Contract to the Bidder, whose Bid is determined to be substantially

responsive to the Bidding documents and who offers the lowest evaluated Bid Price, provided that such

Bidder has been determined to be eligible in accordance with the provision of Clause No.7 (eligible

bidders) and Clause No.8 (eligibility criteria).

36. Notification of Award and Signing of Agreement: The Bidder, whose Bid has been accepted, will be notified of the award online and also by registered post

by the Employer prior to expiration of the Bid validity period. The L-1 bidder will get the information

regarding award of work on their personalized dashboard online. This letter (hereinafter and in the

Conditions of Contract called the “Letter of Acceptance”) will state the sum that the Employer will pay

the Contractor in consideration of the execution and completion of the Works by the Contractor as

prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).

The notification of award online will constitute the formation of the Contract.

The Contractor shall enter into and execute contract agreement in the prescribed form. The cost of the

stamp papers for the contract agreement shall be borne by the Contractor. Two sets of contract

document/agreements shall be prepared and signed by both the parties One of the sets shall be stamped

“Original” and the other “Duplicate”. The duplicate copy and one additional copy will be supplied to

the Contractor free of cost and the original is to be retained by the Company. For any additional copy,

additional cost to be charged. Employment of lab

All additional copies should be certified by the Engineer-in-Charge.

The Agreement will incorporate all agreements between the Employer and the successful Bidder

within 28 days following the notification of award along with the Letter of Acceptance and/ or Work

Order issued by department.

37. 01. In case the Works/Service is awarded to joint venture/Consortium participating in the tender they have to submit PAN, GST registration (as applicable in the tender and for the bidder status) etc. in the name of the Joint Venture/Consortium after Award of the Works/Service at the time of execution of agreement/before the payment of first running on account bill.

02. If turnover of bidder exceeds exemption limit, the bidder must have GST registration as per GST Act and rules.

38. No sub-letting of the work as a whole by the contractor is permissible. Prior permission is required to be taken from the principal employer for engagement of sub-contractors in “Hiring Of Equipment”/”Transport” contract for part work / piece rated work. The Contract Agreement will specify major items of supply or services for which the contractor proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit proposals in this regard to the Engineer-in -Charge/Designated Officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-Charge/Designated Officer-in-Charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.

39. This Tender Notice shall be deemed to be part of the Contract Agreement.

40. The tenderer shall have to ensure implementation of CMPF/EPF, if applicable, in respect of the workers deployed by him.

41. The Company does not bind itself to accept the lowest tender and reserves the right to reject any or all

the tenders without assigning any reasons whatsoever and to split up the work between two or more

tenderers or accept the tender in part and not in its entirety.

19

42. Matters relating to any dispute or difference arising out of this tender and subsequent contract awarded

based on this tender shall be subject to the provisions laid down in Clause 13 & 13A of General Terms

and Conditions.

43. Execution of some works/services by contract labour is prohibited vide Notification issued by Govt.

of India under section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 bearing S.O.

no. 2063 dated 21.06.1988. The contractor shall execute such work by using machines as specified

with his regular employees / workmen only. Execution of work by engagement of child labour as

industrial worker is also prohibited.

44. In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other charges

(Except EMD) from the supplier/vendor, the same will be recovered along with the applicable GST

and the amount shall be adjusted with the payment to be made to the supplier/vendor against their

bill/invoice or any other dues.

45. Integrity Pact: The bidders are required to sign the integrity pact as per format given in Tender

Document.

Name, address and contact Number of the Independent External Monitor: -

Sl.

No.

Name Address Email Id & Contact

1. Sri Vikram

Srivastava

E-Block, Flat No. 202 (Second Floor,

Greater Kailash (Part-II), New Delhi-

110048.

[email protected]

Mobile-09810642323

2. Sri Sudhir

Kumar

B-128, Triveni SFS, Sheikh Sarai-1, Delhi-

110017

[email protected]

Mobile-09871054454

46. In order to explore the possibility of settling the dispute amicably & quickly, the bidders are advised

to approach the IEM first, before preferring to litigate the matter under Clause 13 & 13A of General

Terms and Conditions. However, the bidders may also note that the recommendations of the IEM

would only be advisory in nature and not legally binding on CIL.

47. Commencement: The CAMC with 24x7 support shall commence within 30 days from the date of

issue of Work Order. The bidder shall carry out a joint inspection with CIL after receiving the work

order to assess the working condition of all equipment under the scope of this NIT. However, if any

system/ equipment is found non-functioning, the bidder shall repair/rectify the same before

commencement of the CAMC on chargeable basis on receiving the written confirmation from CIL or

CIL will carry out the same through any other agency/OEM.

48. Payment Terms:

a. The payment will be made on quarterly basis after successful completion of each quarter within 21

days of submission and acceptance of the bill. The bidder will submit the quarterly bill in triplicate

along with required reports as per NIT, duly accepted by GM (E&T),CIL or his authorized

representative. All Running on Account Bills shall be paid at 95%. The balance 5% shall be treated

as retention Money and will be second part of security deposit. Penalty deductions (if any) will be

deducted from the quarterly bill along with TDS/other deductions as applicable.\

b. Final payment on completion of contract along with retention money (if any) will be made as per

NIT after completion of the contract (i.e after last quarter) and acceptance of the same to the

satisfaction of CIL.

mailto:[email protected]

20

49. Paying Authority : G.M (Finance), Coal India Ltd., Kolkata

50. Period of Contract : The total period of contract shall be for 3 years (12 quarters) from the date of

commencement. The bidder shall hand over all systems, services, equipment in running condition,

all credentials, documents, etc. to CIL on completion of the contract.

---------------------------

21

Tender Document

Chapter – 2

(NIT)

COAL INDIA LIMITED




22

SPECIAL TERMS AND CONDITIONS

1.0 Project Description Coal India Ltd has set up a new Data Canter Facility to cope up with the rising data processing

requirements and to accommodate and host their existing and upcoming new hardware equipment.

The Data Centre comprises of one Server Room, Network Room, Two electrical Rooms, BMS Room,

MMR Room, Help Desk Room, IDC Manager Room, Communication Room & one NOC room. All

infrastructure services viz. Civil, Electrical & DG, ISMS and fire & Security system are designed to

match with the Tier III certification

The size of the Data Centre is 4000 sq. ft. (Approx.) as per design. The said Data Centre is ANSI/TIA-

942:2014 Rated-3 certified and the certificate is valid up to 1st June 2018.

2.0 Scope of Work :

2.1 Data Center Operations and Maintenance Support

The selected bidder shall operate and maintain the CIL DC and its infrastructure for a period of three

(3) years and henceforth called as Data Centre Operator (DCO). The detailed scope of work has been

mentioned below.

A. The selected bidder/DCO shall deploy an onsite team comprising of the resources

indicated at section “4.0 Required Resources”.

B. The selected bidder shall arrange back to back agreement preferably for all the items

indicated at section “Annexure X-Summary & Brief Description of Equipment ( CIL Data

Center & IT Infrastructure)” from respective OEMs to protect the SLA commitment.

However, back to back agreement with OEM for switches, Wi-Fi, IP PBX system, VC

Equipment is mandatory. In case back lining contract for any other item, apart from the

above, is not possible, the same should be maintained by the bidder himself to meet

the SLA commitment.

C. The selected bidder shall arrange back lining contract for all the items indicated at section

“Annexure X- Summary & Brief Description of Equipment (CIL Data Center & IT

Infrastructure)” from respective OEMs to protect the SLA commitment. However, back to

back agreement with OEM for UPS & PAC is mandatory. In case back lining contract for

any other Non IT item, apart from the above, is not possible, the same should be

maintained by the bidder himself to meet the SLA commitment.

D. The selected bidder shall arrange support/ subscription/updation/renewal of software/licenses

for the items indicated at section “Annexure X - Summary & Brief Description of Equipment

(CIL Data Center & IT Infrastructure)” wherever required.

E. CIL DC Tier-III certif ied

Selected bidder shall co-ordinate for review and updation of existing process and procedures

of CIL DC, training of onsite resources, external audits (if required), etc for maintaining the

said Tier-III standards. During the pendency of the contract it may be required to renew /

extend the validity of Tier-III (ANSI/TIA-942:2014 Rated-3) certification issued by “epi”

for which the successful bidder shall facilitate CIL in renewing / extending the same.

However, CIL shall pay the actual cost towards such renewal / extension of validity

including cost of audit required for such renewal or CIL keeps the right to award the renewal

/ extension work /audit towards tier-III certification to any third party agency. Moreover,

maintaining the CIL Data Centre for Tier-III standard shall be the responsibility of the

bidder/DCO.

23

F. Bidders can maintain onsite stock of consumable items/parts for IT and Non-IT components “List

of Consumables indicated at section 6.0 ” to protect the SLA commitment. All other items not

mentioned in the list of consumables should be replaced/repaired within the scope of this contract.

G. Selected bidder shall review, update Standard Operating Procedures (SOPs) for each services of

CIL DC and shall be required to establish SOPs, if not found or found not adequate for any service,

within first quarter of the contract.

H. Implementation and configuration for new/change of ipv4/ipv6 scheme as required by CIL shall

be carried out by the bidder.

I. The bidder shall carry out day to day Operation/ Configuration / Troubleshoot of additional

network equipment (not listed in the equipment list of NIT) namely 2 Nos. of Firewall, 4 Nos of

L3 Switches and 2 Nos of L2 switches likely to be deployed /integrated in the existing CIL Network

during the AMC period for smooth operation of CIL LAN/WAN, however, warranty/AMC of such

additional equipment and replacement of defective spares shall be dealt separately by CIL and

availability of such equipment will not be considered under SLA of this contract.

Bidders have to submit document with clear detailed description/execution plan of the service

offering for the above seven (7) categories (A to G). The said document will be used as reference

document for selected bidder during service contract period.

2.2 The selected bidder will provide 24x7 operating and maintaining services for a period of three

years from the date of commencement of Operations and Maintenance Activity. The scope of the

services for overall Physical and infrastructure management of CIL Data Centre and IT Infrastructure

of the office complex include 365x24x7 Monitoring, operation, Maintenance and Management of the

entire CIL DC, IT infrastructure of office building. The scope of work during the operations phase

is divided into the following areas:

• System Administration, Monitoring, Maintenance & Management Services

• Network Administration, Monitoring, Maintenance and Management Services

• Video Conferencing operation, Administration, Monitoring, Maintenance and Management

Services

• I T Security Administration, Monitoring, Maintenance and Management Services

• Backup & Restore Services of IT equipment as per list (Annexure X)

• Backend Services (onsite replacement of any defective spare parts / modules from OEM /related

firm /agencies).

• Physical Infrastructure Monitoring, Maintenance and Management Services

• Integrated Building Management (IBMS) Services of Data Centre

• Coordination with respective OEMs/department for preventive / corrective maintenance of all IT

equipment and systems as per scope of work.

• Facilitate required support infrastructure for servers/systems.

• Bandwidth Management Services with co-ordination with ISPs.

• Reports: The bidder shall provide the monthly reports for all the devices installed in the

Data Centre in a mutually agreed format on a periodic basis. Whenever required by CIL,

DCO should provide additional reports (if required) in the required format or as per CIL’s

requirement time to time.

3.0 System Administration, Operation, Maintenance & Management Services

The objective of this service is to support and maintain all the Systems and Servers indicated as

a part of this NIT and will include:

24

a) 365x24x7 monitoring and management of the Systems & servers as per list of the

equipment in the Data Centre. Operation of VC System, Audio Conferencing systems

with display, Signage system, NMS, etc. as and when required by CIL.

b) Operating System administration, including but not limited to management of users,

processes, preventive maintenance and management of servers including updates, upgrades

and patches to ensure that the system is properly updated. Bidder should include the Cost

for 3 year upgrades, updates and patches for the components considered under this NIT for

O & M.

c) Installation and Re-installation of the servers / equipment and other hardware in the event

of system crash/failures.

d) Proactive monitoring of all the equipment in CIL DC & IT infrastructure.

e) Regular analysis of events and logs generated in all the sub-systems including but not limited

to servers, operating systems, security devices etc. to identify vulnerabilities. Necessary Action

shall be taken by the DCO in accordance with the results of the log analysis. DCO shall co-

ordinate and provide all the support for such requirements during the entire project tenure.

g) Adoption of policies and procedure, compliances, guideline or standards as defined by

CIL.

h) Provide integration and user support on all supported servers, systems etc.

i) Troubleshoot problems with desktop/server relationship issues and overall aspects of a LAN

& WAN environment. Problems shall be logged in at the Help Desk and resolved as per the

SLAs defined in this NIT.

j) Manage and monitor system configuration, performance and activity of all

servers/systems.

k) Document containing configurations of all server/system, IT infrastructure etc.

3.1 Network Management

The objective of this service is to ensure continuous operation and upkeep of the LAN & WAN

infrastructure at the CIL DC and office complex including all active and passive components. The

scope excludes maintenance of WAN links which shall be the responsibility of respective ISP/

Agency. However, for overall functioning of the CIL Data Center, the selected bidder shall be

responsible to coordinate with ISP team for WAN link related issues.

The services to be provided for Network Management include:

a) Ensuring that the CIL LAN network is available 365x24x7 as per the prescribed SLAs.

b) Attending to and resolving network failures and issues.

c) Support and maintain the overall network infrastructure including but not limited to LAN

passive components, routers, switches etc.

d) Configuration and backup of network devices/ equipment, NMS including

documentation of all configurations.

e) 365x24x7 monitoring of the network to spot the problems immediately.

f) Provide information on performance of Ethernet segments, including capacity utilization

and error statistics for the segment and the top-contributing hosts, WAN links and

routers.

25

3.2 Backend Services

The selected bidder is required to maintain and support all the Backend Services (if any)

implemented at the CIL DC. The services include:

Directory / authentication Services for LAN users

User rights & policies for LAN users

3.3 IT Security Administration Services Management of security devices, including, firewall

services to restrict network protocols and traffic, detecting intrusions or unauthorized access to

networks, systems/ servers, services, applications or data from viruses. However, AMC/replacement

of spares of such security devices not listed in the equipment list of the NIT (Annexure-X) shall not

be in the preview of this contract.

3.4 Backup / Restore Services Monitoring and enhancing the performance of scheduled backups,

schedule regular testing of backups.

3.5 Physical Infrastructure Management and Maintenance Services All the devices installed in the Data Centre as part of the physical infrastructure shall be monitored

and managed on a 24x7x365 basis. The physical infrastructure management and maintenance

services shall include:

a) Proactive and reactive maintenance, repair and replacement of defective components (IT and Non-

IT/ Hardware and Software). The cost for repair and replacement shall be borne by the selected

bidder.

b) The selected bidder shall have to stock and provide adequate onsite and offsite spare parts and

spare components to ensure that the SLA is met for the entire contract period. To provide this

service it, is important for the selected bidder to have necessary back-to-back arrangement with the

respective OEMs / vendors. The selected bidder needs to provide a copy of the back-to-back

agreement/purchase order as mentioned in the NIT, directly with OEM or through OEMs

authorized channel partners.

c) Component that is reported to be down on a given date should be either fully repaired or replaced

by temporary substitute (of equivalent configuration) within the time frame indicated in the Service

Level Agreement (SLA). In case the selected bidder fails to meet these standards, penalty will be

imposed on DCO, as per the specified in the SLA.

d) The selected bidder shall also maintain log/records of all maintenance activities for the CIL DC

& IT equipment/components.

e) Maintenance & repair of Civil related jobs such as flooring, ceiling, doors, electrical light fittings

are not in the purview of this contract, however any defect needs repair/replacement shall be brought

in to the knowledge of CIL for necessary repair/rectification.

3.6 Maintenance Activities

DCO shall carry out the Preventive & reactive maintenance of CIL DC, IT infrastructure /

components. This includes carrying out the necessary repairs and replacement of defective parts

wherever needed to keep the service & operation levels of the DC, IT & non-IT equipment of CIL

DC in tune with the requirements of the SLA. Such preventive maintenance shall not be attended

during the normal office Hours (i.e. 9:30 am to 5:30 pm on weekdays) of CIL DC operations. DCO

needs to maintain the Log Book for such preventive and reactive maintenance activities. For such

preventive maintenance, DCO needs to inform CIL and obtain with written consent of the CIL prior

to undertake the activity. For Scheduled and Preventive Maintenance by DCO for the Hardware

/or Software /or Active /or Passive shall be done with written prior intimation to CIL in advance.

Preventive Maintenance should be carried out at least once in every quarter, which includes:

26

i. Checking for any loose contacts in the cables & connections for the respective infrastructure and

equipment.

ii. Run diagnostics tests on respective infrastructure and equipment.

iii. Cleaning and removal of dust and dirt from the interior and exterior of the

equipment. DCO operator needs to maintain cleanliness within CIL DC.

iv. Ensuring that proper dressing, lacing of wire/cable shall be done as per the standard.

v. Ensuring that wiring diagrams are updated, whenever there are modifications. vi. Ensuring the

management of rack space equipment as needed.

vii. Ensuring that all Software, Tools (CD / DVD), OEM Documentation (Knowledge

base), CILDC documentation (with Manuals), other or backup tapes/ disks and other media are

kept properly labelled and organized in Catalogue.

viii. Carrying out and verifying back-ups consistency on regular interval.

ix. Checking and listing all wear and tear of the equipment and site environment.

x. Ensuring no flammable material is present.

xi. Clearing up of any unnecessary items or Spares.

4.0 Minimum resources required for operation & maintenance, management support

S. No.

Description

Min Qualification, Relevant

Experience & Certifications

Min. No. of

Manpower

1

Network Administrator/ Expert

(Team Leader) Required to be

deployed 6 days in a week & as and

when required.

B.E./B.Tech / CCNA/ CCNP with

1 year post qualification experience

1 (onsite during CIL’s working hours)

2

DC & IT Infrastructure Support

Engineer/ Supervisor. Required to

be deployed 6 days in a week &

as and when required.

Graduate/ Diploma with

(Relevant

certifications)/

(min. 1year

Experience)

3 (onsite to be deployed as per

CIL’s requirement during CIL’s

working hours)

3

Technical staff for Operation &

Monitoring of DC & IT

Infrastructure in shifts

(Minimum 1 person in each shift to

cover 24x7).

Graduate/ Diploma with

min. 6 months Experience

or ITIL

4 (onsite at CIL to be deployed in

shifts )

The bidder shall ensure the availability of 24 X 7 onsite support at CIL and shall provide a single point

of contact for all operation, maintenance and management issues on day to day basis. In case of non-

availability of required support as above, CIL shall deduct proportionate amount on pro-rata basis from

the offered price for the said services i.e. Onsite Technical Support for operation, coordination and

maintenance of above systems as per BOQ of NIT” The bidder shall provide an escalation matrix for

non-resolved issues to ensure the SLA commitment. In the event of any specific issue not being

resolved by onsite support team, the bidder may deploy person with competency/expertise for timely

resolution to maintain the SLA of the NIT.

27

5.0 SERVICE LEVEL AGREEMENT (SLA)

The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define

the levels of service which shall be provided by the DCO to Client (CIL) for the duration of this

contract.

The benefits of this SLA are to:

• Trigger a process that applies DCO’s and Client’s attention to an aspect of performance

when that aspect drops below an agreed upon threshold, or target. • Makes explicit the expectations that Client has for performance from the DCO.

The DCO and Client shall regularly review the performance of the services being provided

by the DCO and the effectiveness of this SLA.

5.1 Category of the SLA

This SLA document provides for minimum level of services required as per contractual obligations

based on performance indicators and measurements thereof. The DCO shall ensure provisioning of

all required services while monitoring the performance of the same to effectively comply with the

performance levels. The services provided by the DCO (Bidder) shall be reviewed by the Client

(CIL) that shall:

Regularly check performance of the DCO against this SLA

Discuss escalated problems, new issues and matters still outstanding for resolution.

Review of statistics related to rectification of outstanding faults and agreed changes.

Obtain suggestions for changes to improve the service levels. The SLA has been logically

segregated in the following categories:

1. Data Centre and DC IT equipment related service levels

2. IT Infrastructure related service levels

3. Passive Components related service levels

The following measurements and targets shall be used to track and report performance on a regular

basis. The targets shown in the following table are applicable for the duration of the contract.

5.2 Service Levels

Following section outlines the service level indicators & and the target performance levels to be

maintained by the Agency during the contract period. This shall be used to track and report

performance on a regular basis. These SLAs shall be strictly imposed, and if required by CIL, third

party audit/certification agency may be deployed for certifying the performance of the Agency

against the target performance metrics as outlined in the table below. The SLA will be measured

on Quarterly basis.

28

A. Service Levels – Data Centre and DC IT equipment :

The non-performance deduction during warranty/AMC for Data Centre along with UPS system,

PAC and IBMS, IP-PBX, Core switches, Wi-Fi Controllers, Other Servers /Signage servers

deployed in DC (including the OS, Software and database running on it) shall be regulated as

under:-

Sl. No. Actual Availability During Warranty/AMC Non-performance

deduction

1. More than or equal to 99.8% Nil

2. Less than 99.8% but More than or Equal to 99.3% 2 % of QMC Charges



5 Less than 98.3% but More than or Equal to 97.8% 8 % of QMC Charges


Note: Calculation of Availability:

% Availability of each system/equipment = ((POT-PMT-DT)/ (POT-PMT))*100

The Lowest availability among all systems under this category will be considered as the availability

period for Data Centre and DC IT equipment towards non-performance deduction.

B. Service Levels – IT Infrastructure related service levels

The non-performance deduction during warranty/AMC for IT Infrastructure consisting of LAN

Availability (Different Systems under this category are L2 switches, VC end points with VC

display units, Audio conferencing systems, Signage display units) shall be regulated as under: -


deduction






6. Less than 97.5% but More than or Equal to 97% 10 % of QMC Charges

Note: Calculation of Availability :

% Average Availability of each system = ((POT-PMT-DT)/ (POT-PMT))*100

The Lowest availability among all systems under this category will be considered as the availability

period for IT infrastructure service towards non-performance deduction.

C: Passive Components related Service Levels:

The non-performance deduction during warranty/AMC for passive IT Infrastructure consisting of

(LAN / WAN) Passive Network in category like OFC Connections, user LAN/PC connection

points, Telephone distribution points, Analog telephone instruments shall be regulated as

under:-


deduction







Note: Calculation of Availability :

% Average Availability of each category = ((POT-PMT-DT)/POT-PMT)*100

The Lowest availability among all categories under this service level will be considered as the

availability period for passive components towards non-performance deduction.

29

Note: All the above SLA will be measured Quarterly basis. Maximum penalty per quarter is limited

to 10% of QMC. Total penalty during the entire contract period is limited to maximum 10% of total

contract value. The breakdown time will be counted till the restoration of fault / repair of the

equipment/module or temporary replacement of the equipment provided by the bidder without

effecting the operation and efficiency of the system. In case of temporary arrangement, the original

equipment/module shall be replaced / repaired within a month. If repair / replacement exceeds one

month, the entire period will be taken as breakdown period and penalty will be charged accordingly.

If the penalty deduction of 10% per quarter occurs in three consecutive quarters, CIL reserves the right

to terminate the contract and forfeit the Bank Guarantee & Security deposit.

5.3 Non- performance deduction / calculations:

These availability requirements are associated with Non- Performance deduction to have desired

uptime availability and delivery of service to CIL.

The availability requirements shall remain effective and during AMC (Annual Maintenance

Contract) period. Non- Performance deduction during these periods shall be calculated using

the formula g iv en below .

The bidder will maintain logs (in soft copy / hard copy) for each of the service provided and

shall provide necessary reports which will help in ascertaining the service levels and calculation

of Non- performance deduction. All these logs should be available in web format, for any time

viewing.

CIL would provide maximum of 16 hours of planned downtime per quarter for preventive

maintenance (as part of scheduled downtime) of Data Centre and IT Infrastructure. The same can

be spread in maximum four intervals in a quarter. The downtime for scheduled maintenance

(regular/recurring activities like cleaning of equipment, space management, file system

management, patch application etc. which may need shut down of System/Equipment) would

need to be mutually agreed between CIL and the successful bidder. To reduce this time,

various maintenance activities should be clubbed together with proper planning.

However, for special activities such as upgradation of firmware, OS, upgradation of IT

infrastructure, IP scheme change, etc. which are not regular in nature, a separate schedule

would be mutually drawn and agreed between CIL and the successful bidder and this would

be excluded from the calculation of downtime. During the process of repair/maintenance, if any

civil /electrical work is required, CIL will arrange the same and delay in the part of such civil /

electrical work (which is not in the scope of this NIT) would be excluded from calculation of

downtime. Delay in rectification/restoration due to consumables in the scope of CIL as per

consumable list will be excluded from calculation of downtime. VC system (MCU, VC Recording

& VC Call manager) will be excluded from the calculation of downtime.

“QMC” Refers to Quarterly maintenance Charges (Total Contract value per quarter without GST)

“POT” means the Power on Time (in Hours) i.e. Total hours in one quarter (24 * number of

days in the quarter).

“PMT” means the Scheduled Preventive Maintenance time (in Hours) (Limited to maximum of 16

Hours in a quarter for both DC & IT infrastructure combined)

Non-Availability: is defined as, the service(s)/ System is not available or complete breakdown.

30

Severity Level 1: Is defined as, the Service is available but the critical redundant components have

failed and there is urgent need to fix the problem to restore these services to the high availability

Status or more than 10% Data/Voice users (Approx. 550 LAN (data) users and 500 PBX (voice)

users) or more than 10% equipment of a system are affected.

Severity Level 2: Is defined as, the Service is available but there is compromise on the features

available in the system and are required to fix the problem to restore or less than 10%

Data/Voice users (Approx. 550 LAN(data) users and 500 PBX(voice) users) or less than 10%

equipment of a system are affected.

Response Time : represents the period of time from the problem occurrence to the time when

the problem is first attended by the successful bidder’s engineer. Recovery time : represents the period of time from the problem occurrence to the time in which

the service returns to operational status. This may include temporary problem circumvention

/ workaround and does not necessarily include root cause removal.

Resolution time : represents the period of time from the problem occurrence to the time in which

the root cause of the problem is removed and a permanent fix has been applied. “DT” means Downtime (in Hours) and shall be calculated as follows:

Total downtime (DT) = Total breakdown period - Max. Resolution time a l l o we d a s p e r

s e v e r i t y l e ve l me n t i o n e d i n T a b l e -1

Note:

o For calculation of downtime, fractional hours shall be rounded off to next higher hour.

o In case of failure of equipment which impacts multiple services, then downtime shall only

be calculated for the most critical service having highest level of severity i.e. there would be no

duplication of downtime in such a case.

o Downtime shall be calculated for each incident reported in a quarter and cumulative of such

downtime(s) shall be used for calculation of availability and penalty. Table - 1

Sl.

no.

Service / System Severity Response

Time

(max)

Recovery

Time

(max)

Resolution

Time

(Max)

1

Data Centre ( complete with UPS

system, PAC & IBMS), IP-PBX, Core

switches, VC system (MCU,

Recording & Call manager ), Wi-Fi

Controllers, Other Servers /Signage

servers deployed in DC

Non -

Availability

30 minutes 3 hours 12 hours

Severity 1 1 hour 4 hours 18 hours


2

Systems like L2 switches, VC end

points with display, Audio

conferencing systems, Signage

Display Units

Non-

Availability




31

3

Passive Network in category like

OFC Connections, user LAN/PC

connection points, Telephone

distribution points, Analog telephone

instruments

Non-

Availability




IMP. NOTE: Penalty towards any repair/replacement of defective component of VC Component

(MCU with Scopia path Finder & Single PRI Gateway, Recording & Call manager) as mentioned

at serial no.1 will not be deducted from the bidder as the above VC equipment is covered under

separate warranty (not in the scope of this tender), However, bidder shall provide support for,

operation, configuration, fault finding and diagnosis, monitoring etc. for smooth operation.

Response and recovery time for the said VC system will be applicable.

6.0 Consumable List:

During the pendency of the contract the consumables required for maintaining the SLA, the scope

of providing the consumables is as follows:

S/N Description of

consumables

Will be

provided

by

Remarks

1 a) Batteries for

UPS

b) Batteries for

remote,

Cordless Mic,

other battery

power

operated

devices.

CIL a) UPS Batteries: The bidder shall intimate CIL well in

advance (at least 3months prior) about replacement of

batteries. Either CIL will procure or CIL will pay the

cost on actuals. However, the process of replacement

(removing, re-connecting, testing etc.) shall be done by

the bidder.

b) Batteries for remote, mic: Rechargeable/dry cell batteries

will be provided by CIL.

2 Fluid for Novec

1230 System

CIL The bidder shall intimate CIL well in advance (at least

3months prior) about replacement of fluid. Either CIL will

procure or CIL will pay the cost on actuals. However, the

process of refilling (refilling, testing, etc) shall be done by the

bidder.

3 Optical Fibre

cables, Cat-6/Cat-5

Cables, Telephone

(Indoor & outdoor)

cables

CIL The bidder shall intimate CIL well in advance assessing the

requirement.

4 Projector LAMP CIL CIL will bear the cost in actual / purchase such lamp of

projectors as per equipment list. However, bidder shall ensure

that LAMP needs to be replaced based on joint inspection

report of bidder & CIL/OEM.

5 All other passive

components,

cables/cords, LIU/

Patch panels,

connectors,

HDMI/VGA cable

& connectors,

Patch cord, i/o box,

pig-tail, other fire

extinguisher

Bidder The bidder shall maintain sufficient stock of such items at CIL

to maintain SLA. The bidder shall provide all tools, tackles,

like Laptop, LAN tester, Digital Multi-meter, OTDR, OFC

jointing/slicing tools/kits, RJ45/RJ11 punching tools, Krone

punching tools etc. Repair / replacement of LTE power

distribution cables and LTE panel inside DC to UPS and to

PDU, Racks shall be within the scope of the contract/bidder.

32

refilling in DC,

PAC/AC gas etc

(not specified in

NIT)

Note: The bidder shall replace any defective component including passive under their scope with same

make or in extreme case of non-availability of same, equivalent or higher standard components

accepted by engineer-in-charge shall be provided.

-------------------

33

Tender Document

Chapter – 3

(LIST OF EQUIPMENT : REFER TO “ANNEXURE – X” )

DIAGRAMS

COAL INDIA LIMITED




34

Diagrams

Diagram-1 : Coal India Network Architecture

Diagram-2 : Overall Architecture

4 Stacked Switches

4 Stacked Switches

4 Stacked Switches

4 Stacked Switches

3 Stacked Switches

5 Stacked Switches

2 Stacked Switches

2 Stacked Switches

3 Stacked Switches

3 Stacked Switches

3 Stacked Switches

3 Stacked Switches

2 Stacked Switches

3 Stacked Switches

3 Stacked Switches

3 Stacked Switches

3 Stacked Switches

1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12

Core Switch 1 Core Switch 2

Seventh Floor

Sixth Floor

Fifth Floor

Fourth Floor

Third Floor

Second Floor

First Floor

Ground Floor

2 Stacked Switches

Eighth Floor

Main AdminBuildingDirector/Chairman

Building

No HUB RoomLEGENDS

6 core Fiber

Cat 6/6A

TIER III DATA CENTER

HUB ROOMS

Users

Users

Users

Data Points

IP Telephone

Analog Telephone

Wi-fi AcessPoint Devices

Digital Signage

HD VC System

Desktop VC System

Fiber Cables100 Pair

Raiser Cable

Cat6 Cables

35

Diagram-3 : Logical OFC Diagram

SECURITYMAIN GATE

Eighth FloorMain Bldg(Hub-1)

Seventh FloorMain Bldg(Hub-1)

Sixth FloorMain Bldg(Hub-1)

Fifth FloorMain Bldg(Hub-1)

Fourth FloorMain Bldg(Hub-1)

Third FloorMain Bldg(Hub-1)

Second FloorMain Bldg(Hub-1)

First FloorMain Bldg(Hub-1)

Ground FloorMain Bldg(Hub-1)

Third FloorMain Bldg(Hub-2)

Second FloorMain Bldg(Hub-2)

First FloorMain Bldg(Hub-2)

Ground FloorMain Bldg(Hub-2)

FIFTH FloorCanteen Bldg(Hub)

FOURTH FloorCanteen Bldg(Hub)

THIRD FloorCanteen Bldg(Hub)

SECOND FloorCanteen Bldg(Hub)

FIRST FloorCanteen Bldg(Hub)

MAIN SERVER ROOM

4TH FLOOR

MAIN BUILDING

6 Core OFC Cable

Legend:

MAIN BUILDINGCANTEEN BUILDING

Diagram-4 : LOGICAL raiser cable DIAGRAM OF COAL INDIA LIMITED, RAJARHAT

DATA-46 NOSVOICE-46 NOS

LED-01 NOSA.P – 01 NOS


LED-01 NOSA.P – 03 NOSV.C – 02 NOS














LED-01 NOS










LED-01 NOSA.P – 01 NOS V.C-01 NOS


LED-07 NOSA.P – 02 NOS





3rd

FL

OO

RM

ain

Bld

g(H

ub

-2)

2n

d F

LO

OR

Ma

in B

ldg

(Hu

b-2

)

1s

t F

LO

OR

Ma

in B

ldg

(Hu

b-2

)

GN

D F

LO

OR

M

ain

Bld

g

(Hu

b-2

)

100 P

air

Rais

er

Cab

le

Le

ge

nd

:

MAIN SERVER ROOM4TH FLOOR

MAIN BUILDING

MAIN BUILDING CANTEEN BUILDING

SECURITY GATE

5th

FL

OO

R4

thF

LO

OR

3rd

hF

LO

OR

2n

dF

LO

OR

1s

tF

LO

OR

GN

DF

LO

OR

8th

FL

OO

R7

thF

LO

OR

6th

FL

OO

R5

thF

LO

OR

4th

FL

OO

R3

rdh

FL

OO

R2

nd

FL

OO

R1

stF

LO

OR

GN

DF

LO

OR

LED-6 A.P-2

V.C-2

Note : All the above diagrams are indicative only, actual deployment may vary and the

bidder may visit the site to assess the entire network as per NIT.

36

Tender Document

Chapter – 4

(GENERAL TERMS AND CONDITIONS)

COAL INDIA LIMITED




37

CONDITIONS OF CONTRACT

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS:

i. The word "Company'" or "Employer" or "Owner" wherever occurs in the conditions, means

the Coal India Limited, represented at the headquarters of the Company by the Chairman-

Cum-Managing Director or his authorized representative or any other officer specially

deputed for the purpose.

ii. The word "Principal Employer" wherever occurs, means the authorized representative or any

other officer specially deputed by the Company for the purpose.

iii. The word "contractor"/"contractors" wherever occurs means the successful Bidder/Bidders

who has/have deposited the necessary Earnest Money and has/have been given written

intimation about the acceptance of tender and shall include legal representative of such

individual or persons composing a firm or a company or the successors and permitted

assignees of such individual, firm or company, as the case may be.

iv. "The Site" shall mean the site of the contract work including land and any building and

erections thereon and any other land allotted by the company for contractor's use.

v. 'Accepting authority' shall mean the management of the company and includes an authorised

representative of the company or any other person or body of persons empowered in this behalf

by the company.

vi. A 'Day 'shall mean a day of 24 hours from midnight to midnight.

vii. Engineer-in-charge/Designated Officer-in-charge who is of an appropriate seniority will be

responsible for supervising and administering the contract, certifying payment due to the

contractor, valuing variations to the contract, awarding extension of time and valuing

compensation events. Engineer-in-charge/Designated Officer-in-charge may further appoint

his representatives i.e. another person/ Project Manager or any other competent person and

notify to the contractor who is directly responsible for supervising the work being executed at

the site, on his behalf under the Delegation of Powers of the company. However, overall

responsibility, as far as the contract is concerned will be that of the Engineer-in-

charge/Designated Officer-in-charge.

viii. The 'contract' shall mean the notice inviting tender, the tender as accepted by the company and

the formal agreement executed between the company and the contractor together with the

documents referred to therein including general terms and conditions, special conditions, if

any, schedule of quantities with rates and amounts, Schedule of work.

ix. The 'works' shall mean the works required to be executed in accordance with the contract or

parts thereof as the case may be and shall include all extra or additional or any work of

emergent nature, which in the opinion of the Engineer-in-charge, become necessary during

the progress of the works to obviate any risk or accident or failure or become necessary for

security.

x. 'Schedule of Rates' referred to in these conditions shall mean the standard schedule of rates

prescribed by the company and the amendments issued from time to time.

xi. 'Contract price' shall mean

a. in the case of lump sum contracts the total sum for which tender is accepted by the

company.

b. in the case of other types of contracts the total sum arrived at based on the individual

rates quoted by the tenderer for the various items shown in the 'Bill of quantities' of

the tender documents as accepted by the company with or without any alteration as

the case may be.

xii. 'Written notice' shall mean a notice or communication in writing and shall be deemed to have

been duly served if delivered in person to the individual or to a member of the firm or to an

office of the Corporation/Company for whom it is intended, or if delivered at or sent by

registered mail to the last business address known to him who gives the notice.

2. CONTRACT DOCUMENTS:

The following documents shall constitute the contract documents:

i. Articles of Agreement,

ii. Notice Inviting Tender and Instructions to tenderers,

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iii. Letter of Acceptance of Tender indicating deviations, if any, from the conditions of contract

incorporated in the Bid/Tender document issued to the bidder,

iv. Conditions of contract, including general terms and conditions, special notes and additional

terms and conditions, special terms and conditions, Safety Norms etc. forming part of the bid

document,

v. Scope of works/Bills of quantities and

vi. Integrity Pact

vii. Non-Disclosure Agreement

2.1 After acceptance of tender and on execution of contract/issue of work order to proceed with the

work, as the case may be, the contractor shall be furnished, free of charge, two copies of contract

documents. (Certified true copies), excepting those drawings to be supplied during the progress of

work. The contractor shall keep copy of these documents on the site/place of work in proper manner

so that these are available for inspection at all reasonable times by the Engineer-in-charge, his

representatives or any other officials authorized by the company for the purpose.

2.2 None of these documents shall be used by the contractor for any purpose other than this contract

and the contractor shall ensure that all persons employed for this contract strictly adhere to this and

maintain secrecy, as required of such documents.

3. DISCREPANCIES AND ADJUSTMENTS THEREOF:

The documents forming part of the contract are to be treated as mutually explanatory of one another.

3.1 In the event of varying or conflicting provisions made in any of the document/documents forming

part of the contract, the 'Accepting Authority's decision/clarification shall hold good with regard to the

intention of the document or contract, as the case may be.

3.2 Any error in description, quantity or rate in schedule or quantities or any omission therefrom, shall

not vitiate the contract or release the contractor from discharging his obligations under the contract

including execution of work according to the specifications forming part of the particular contract

document.

3.3 Any difference detected in the tender/tenders submitted, resulting from:

a. discrepancy between description in words and figures the rate which corresponds to the words

quoted by the contractor shall be taken as correct.

b. discrepancy in the amount quoted by the contractor due to calculation mistake of the unit rate and

quantity, the unit rate shall be regarded as firm and amount corrected.

c. discrepancy in totaling or carry forwards in the amount quoted by the contractor shall be corrected.

The tendered sum so corrected and altered shall be substituted for the sum originally tendered and

considered for acceptance instead of the original sum quoted by the tenderer along with other

tender/tenders. Rounding off to the nearest rupee should be done in the final summary of the amount

instead of in totals of various sections of schedule of quantities.

4. PERFORMANCE SECURITY/SECURITY DEPOSIT:

4.1. Security Deposit shall consist of two parts;

a) Performance Security to be submitted at award of work and

b) Retention Money to be recovered from running bills.

The security deposit shall bear no interest.

4.2 Performance Security (first part of security deposit) should be 5% of annualized value of contract

amount and should be submitted within 28 days of issue of LOA by the successful bidder in any of the

form given below.

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- A Bank Guarantee in the form given in the bid document from any scheduled Bank. BG issued by

outstation bank shall be operative at its local branch at Kolkata or its Branch of the respective Area

- Govt. Securities, FDR (Scheduled Bank) or any other form of deposit stipulated by the owner.

- Demand Draft drawn in favour of Coal India Ltd. on any Scheduled Bank payable at its Branch at

the local Branch of the respective Area

Performance security, if submitted in the form of Bank Guarantee shall be issued by a scheduled

Bank in paper form (stamp paper) as well as issued under “Structured Financial Messaging System”.

The issuing bank should send the underlying confirmation message in IFN760COV or IFN767COV

message type for getting the BG advised through our bank. Also issuing bank should mention

“CIL0066312 in field no. “7037” of IFN760COV or IFN767COV. The message will be sent to the

beneficiary bank through SFMS. The details of beneficiary bank for sending details of BG under SFMS

Platform is furnished below:-

Name of the Bank: ICICI Bank

Branch name: Rasoi Court

IFSC Code: ICIC0000006

Account No: 000651000038

Customer ID: 066312

Original copy of the bank guarantee issued by the issuing bank shall be sent by the issuing bank to

MM department, CIL.

The Earnest Money/Bid Security deposited in the form of Bank Guarantee shall be duly discharged

and returned to the contractor. The Earnest Money/Bid Security deposited in the form of Demand draft

may be adjusted against the security deposit (Performance Security) at bidder’s option

4.3 If performance security is provided by the successful bidders in the form of bank guarantee-

(a) it shall be issued, at Bidder’s option, either

(i) by Scheduled Bank or

(ii) by a foreign bank, located in India and acceptable to the employer.

and the Bank having a local operative branch at the place of business of the beneficiary in whose

favour BG is furnished.

(b) it shall be issued as per the format in Annexure-II of the General Terms and conditions of the

Contract and procedures as per the notes to the said format of bank guarantee.

(c) it shall be issued by the issuing bank on behalf of contractor in favor of Coal India Limited and it

shall be in paper form as well as Structured Financial Messaging System (SFMS).

(d) The validity of Bank Guarantee shall be for a period of year or ninety days beyond the period of

contract or extended period of contract (if any), whichever is more.

(e) Failure of the successful bidder to comply with the requirement as above shall constitute sufficient

ground for cancellation of the award of work and forfeiture of the bid security.

(f) Additionally the company reserves the right to debar such defaulting contractor from participating

in future bids for a minimum period of 12 (twelve) months.

4.4 All Running on Account Bills shall be paid at 95%. The balance 5% shall be treated as retention

Money and will be second part of security deposit.

The Retention Money amount may be refunded against equivalent Bank Guarantee, in the form given

in the bid document only for values above Rs. 25 lakhs. The validity of the Bank Guarantee shall be

for 270 days beyond the period of contract or extended period of contract, if any.

40

Bank Guarantee, if to be submitted by the Contractor for refund of Retention Money,

(a) it shall be issued, at Bidder’s option, either –

(i) by Scheduled Bank or

(ii) by a foreign bank, located in India and acceptable to the employer.

and the Bank having a local operative branch at the place of business of the beneficiary in whose favor

BG is furnished.

(b) it shall be issued as per the format in Annexure-III of the General Terms and conditions of the

Contract and procedures as per the notes to the said format of bank guarantee.

(c) it shall be issued by the issuing bank on behalf of contractor in favor of Coal India Limited, and it

shall be in paper form as well as under ‘Structured Financial Messaging System (SFMS)’.

4.5 Refund of Security Deposit:

The refund of security deposit shall be subject to company's right to deduct/appropriate its dues against

the contractor under this contract or under any other contract. On completion of the work and certified

as such by the Engineer-in-charge, the security deposit remaining with the company shall be refunded.

Performance Security (1st part of security deposit) shall be refunded within 60 days of the completion

of the work. (The date of completion of the work will be certified by the Engineer-in-charge).

Retention Money (2nd part of security deposit) shall be refunded after 180 days of the completion of

the work. (The date of completion of the work will be certified by the Engineer-in-charge).

4.6 Additional performance security:

Additional performance security shall be applicable if the bid price is 15% below the estimated cost

put to tender. The amount of such additional performance security shall be the difference between 85%

of the estimated cost put to tender and quoted price.

Additional performance security shall be furnished by bidder along with normal performance security.

Failure to submit such additional performance security may result into termination of the contract.

This additional performance security will not carry any interest and shall be released in the following

manner:

i) 30% of Additional performance security will be released after 60% of the total work is completed.

ii) 50% of Additional performance security will be released after 80% of the total work is completed.

iii) 100% of Additional performance security will be released after total work is completed.

Additional performance security may be furnished in any of the forms as applicable for performance

security.

5. DEVIATIONS/VARIATIONS IN QUANTITIES:

Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant

to indicate the extent of the work and to provide a uniform basis for tendering and any variation either

by addition or omission shall not vitiate the contract.

5.1 The company through its Engineer-in-charge or his representative shall, without radically changing

the original scope and nature of the contracted work, have power to make any alterations in or additions

to or substitution of the original and instructions that may appear to be necessary or advisable during

the progress of the work. The contractor shall be bound to carry out the works in accordance with the

instructions given to him in writing by Engineer-in-charge or his representative on behalf of the

company. Such altered or additional work, which shall form part of the original contract, shall be

carried out by the contractor on the same conditions in all respects on which they agree to do the main

works and at the same rate/rates as are specified in the contract.

41

5.2 If the additional or altered work includes any class of work for which no rate/rates is/are specified

in the contract, rates for such items shall be determined by the Engineer-in-charge as follows:

a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified

in the contract/tender, failing which

b. the rates shall be derived from the company's prescribed schedule of rates based on which the

estimate for tendering has been prepared plus or minus the percentage by which the tendered amount

for the whole work quoted by the contractor is above or below the estimated amount as per the tender

documents, failing which

c. the rate shall be derived from contractor's rate claimed for such class of work supported by analysis

of the rate/rates claimed by the contractor. The rate to be determined by the Engineer-in-charge as may

be considered reasonable taking into account percentage of profit and overhead not exceeding ten

percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case

of composite tenders, where two or more schedule of quantities for similar item description may form

part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular

part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of

work in the other schedule of quantities. However, the Engineer-in-charge shall be at liberty to cancel

the instruction by notice in writing and to arrange to carry out the work in such manner as he /she

considers advisable under the circumstances. The contractor shall under no circumstances suspend the

work on the plea of non-settlement of rates.

5.3 Alterations in the quantities shall not be considered as a change in the conditions of the contract

nor invalidate any of the provision thereof provided that a revised work order for the item/items

involved is issued. Such alterations shall need appropriate approval.

5.4 The time for completion of the originally contracted work shall be extended by the company in

the proportion that the additional work (in value) bears to the original contracted work (in value) as

may be assessed and certified by the Engineer-in-charge.

The validity of the Bank Guarantee, if submitted by the contractor, in lieu of performance security /

security deposit shall be extended in pursuant to Clause Nos. 4.3 & 4.4 taking into consideration the

period of extension.

5.5 The company through its Engineer-in-charge or his representative, on behalf of the company, shall

have power to omit any part of the work for any reason and the contractor shall be bound to carry out

the work in accordance with the instruction given by the Engineer-in-charge. No claim for extra

charges/damages shall be made by the contractor on these grounds.

5.6 In the event of any deviation being ordered which in the opinion of the contractor changes radically

the original scope and nature of the contract, the contractor shall under no circumstances suspend the

work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation

or the rate/rates to be paid thereof shall be resolved separately with the company.

6. TIME FOR COMPLETION OF CONTRACT - EXTENSION THEREOF, DEFAULTS &

COMPENSATION FOR DELAY:

Immediately after the contract is concluded the Engineer-in-charge and the contractor shall agree upon

time and progress chart prepared on the basis of a transportation schedule to be submitted by the

contractor showing the order in which the work is proposed to be carried out within the time specified

in the contract documents. For the purpose of this time and progress chart, the work shall be deemed

to have commenced on the expiry of 10 (ten) days from the issue of letter of acceptance/work order or

handing over the site of work whichever is later.

6.1 If the contractor, without reasonable cause of valid reason, commits default in commencing the

execution of the work within the aforesaid date, the company shall, without prejudice to any other

42

right or remedy, be at liberty, by giving 15 days’ notice in writing to the contractor to commence the

work, failing which to forfeit the Earnest Money deposited by him.

In addition, the department shall be at liberty to debar the selected bidder from participating in future

Bids for at least 12 months.

6.2 In the event of the contractor’s failure to comply with the required progress in terms of the agreed

time and progress chart or to complete the work and clear the site on or before the date of completion

of contract or extended date of completion, he shall without prejudice to any other right or remedy

available under the law to the company on account of such breach, shall become liable to pay for

penalty as under:

a) If the average daily progress of work during the calendar months is less than the stipulated

rate indicated in the detailed tender notice, penalty as detailed below will be levied.

i) If the average daily progress of work executed during the calendar month is more than 80%

and less than 100% of stipulated rate of progress, penalty equal to 10% of the contract value

of the short fall in work shall be levied.

ii) If the average daily progress of work executed during the calendar month is less than 80% of

stipulated rate, penalty equal to 20% of contract value of the short fall in work shall be levied.

iii) The aggregate of the penalties so levied shall not exceed 10% of the total contract value.

Penalties will be calculated every month and withheld. The contractor shall be allowed to make up the

shortfall in the succeeding three months within the stipulated time of completion. Once the shortfall is

fully made up the so withheld penalty will be released.

6.3 The company may waive the payment of compensation, depending upon merit of the case, on

request received from the contractor if the entire work is completed within the date as specified in the

contract or as validly extended without stipulating any penalty.

6.4 Extension of date of completion - on happening of any events causing delay as stated here under,

the contractor shall intimate immediately in writing the Engineer-in-charge:

a. abnormally bad weather

b. serious loss or damage by fire

c. civil commotion, strikes or lockouts affecting any of the trades employed on the work

d. delay on the part of the contractors or tradesmen engaged by the company not forming part of

the contract, holding up further progress of the work

e. any other causes which, at the sole discretion of the company is beyond the control of the

contractor.

"Hindrance Register" should be maintained for recording the hindrances. The contractor may

request the company in writing for extension of time within 14 days of happening of such event

causing delay stating also, if practicable, the period for which extension is desired. The company

may, considering the eligibility of the request, give a fair and reasonable extension of time for

completion of the work. Such extension shall be communicated to the contractor in writing by the

company through the Engineer-in-charge within 1 month of the date of receipt of such request. The

contractor shall however use his best efforts to prevent or make good the delay by putting his

endeavors constantly as may be reasonably required of him to the satisfaction of the Engineer-in-

charge.

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6.5 Provisional extension of time may also be granted by the Engineer in Charge during the course of

execution, on written request for extension of time within 15 (fifteen) days of happening of such events

as stated above, reserving the company's right to impose/ waive penalty at the time of granting final

extension of time as per contract agreement.

Bank Guarantees, against security, shall be suitably extended, to take care of any extension granted.

6.6 When the period fixed for the completion of the contract is about to expire, the question of

extension of the contract may be considered at the instance of the Contractor or the Company or the

both. The extension will have to be by party's agreement, expressed or implied.

In case the Contractor does not apply for grant of extension of time within 15 (fifteen) days of

hindrance occurring in execution of the work and the Company wants to continue with the work

beyond the stipulated date of completion for reason of the work having been hindered, the Engineer-

in-charge at his sole discretion can grant provisional extension of time even in the absence of

application from the Contractor. Such extension of time granted by the Engineer-in-charge is valid

provided the Contractor accepts the same either expressly or implied by his actions before and

subsequent to the date of completion. Such extension of time shall be without prejudice to Company's

right to levy compensation under the relevant clause of contract.

6.7 (a) The successful bidder/ contractor will advise, in the event of his having resort to this clause by

a registered letter duly certified by the local chamber of commerce or statutory authorities, the

beginning and end of the clause of delay, within fifteen days of the occurrence and cessation of such

Force Majeure condition . In the event of delay lasting over one month, if arising out of Force Majeure,

the contract may be terminated at the discretion of the company.

(b) For delays arising out of Force Majeure, the bidder/ contractor will not claim extension in

completion date for a period exceeding the period of delay attributable to the causes of Force Majeure

and neither company nor the bidder shall be liable to pay extra costs (like increase in rates,

remobilization advance, idle charges for labour and machinery etc.) Provided it is mutually established

that the Force Majeure conditions did actually exist.

7. QUALITY ASSURANCE:

The contractor shall carry out and complete the work in every respect in accordance with the contract

and shall ensure that the work conforms strictly to the instructions of the Engineer-in-charge. The

Engineer-in-charge may issue from time to time further detail instructions/directions in writing to the

contractor. All such instructions/directions shall be consistent with the contract documents and should

be reasonably inferable therefrom, along with clarifications/explanations thereof, if necessary.

8. MEASUREMENT AND PAYMENT:

Except where any general or detailed description of the work in quantities provides otherwise,

measurements of work done shall be taken in accordance with the relevant standard method of

measurement as applicable to the schedule of quantities/schedule of work /specification to the contract.

In the case of items not covered by any of the aforesaid contract documents, measurement shall be

taken in accordance with the relevant standard method of measurement issued by the Indian Standard

Institution.

8.1 All items of work carried out by the contractor in accordance with the provisions of the contract

having a financial value shall be entered in the Measurement Book/Log Book, etc. as prescribed by

the company so that a complete record is obtained of all work performed under the contract and the

value of the work carried out can be ascertained and determined therefrom.

8.2 Measurements shall be taken jointly by the Engineer-in-charge or his authorised representative and

by the contractor or his authorised representative.

8.3 Before taking measurements of any work, the Engineer-in-charge or the person deputed by him

for the purpose shall intimate the contractor to attend or to send his representative to attend the

measurement. Every measurement thus taken shall be signed and dated by both the parties on the site

44

on completion of the measurement. If the contractor objects to any of measurements, a note to that

effect shall be made in the Measurement Book/Log Book and signed and dated by both the parties.

8.4 In the event of failure on the part of contractor to attend or to send his authorised representative to

attend the measurement after receiving the intimation, or to countersign or to record objection within

a week from the date of the measurement, the measurement taken by the Engineer-in-charge or by his

authorised representative shall be taken to be the correct measurement of the work done.

8.5 Payment on Account - The contractor shall submit interim bill/bills for the work carried

out/materials provided in accordance with the contract. The Engineer-in-charge shall then arrange for

verification of the bill/bills with reference to the measurements taken or to be taken or any other

records relevant for the purpose.

8.6 Payment on account shall be made on the Engineer-in-charge certifying the sum to which the

contractor is considered entitled by way of interim payment for the work executed as covered by the

bill/bills after deducting the amount already paid, the security deposit and such other amounts as may

be deductible or recoverable in terms of the contract.

8.7 Any certificate given by the Engineer-in-charge for the purpose of payment of interim bill/bills

shall not of itself be conclusive evidence that any work/materials to which it relates is/are in accordance

with the contract and may be modified or corrected by the Engineer-in-charge by any subsequent

certificate or by the final certificate.

8.8 The company reserve the right to recover/enforce recovery of any overpayments detected after

payment as a result of post-payment audit or technical examination or by any other means,

notwithstanding the fact that the amount of disputed claims, if any, of the contractor exceeds the

amount of such overpayment and irrespective of the facts whether such disputed claims of the

contractor are the subject matter of arbitration or not. The amount of such overpayments may be

recovered from the subsequent bills under the contract, failing that from contractor's claim under any

other contract with the company or from the contractor's security deposit or the contractor shall pay

the amount of overpayment on demand.

8.9 Amount payable/repayable for any subsequent change in the Sales Tax on Works Contract will be

made to/ from the Contractors after departmental verification of such changes of tax law issued by

Statutory authority.

9. TERMINATION, SUSPENSION, CANCELLATION & FORECLOSURE OF CONTRACT:

The company shall, in addition to other remedial steps to be taken as provided in the conditions of

contract, be entitled to cancel the contract in full or in part, if the contractor

a. makes default in proceeding with the works with due diligence and continues to do so even

after a notice in writing from the Engineer-in-charge, then on the expiry of the period as

specified in the notice Or

b. commits default/breach in complying with any of the terms and conditions of the contract

and does not remedy it or fails to take effective steps for the remedy to the satisfaction of

the Engineer-in-charge, then on the expiry of the period as may be specified by the

Engineer-in-charge in a notice in writing Or

c. fails to complete the work or items of work with individual dates of completion, on or

before the date/dates of completion or as extended by the company, then on the expiry of

the period as may be specified by the Engineer-in-charge in a notice in writing Or

d. shall offer or give or agree to give any person in the service of the company or to any other

person on his behalf any gift or consideration of any kind as an inducement or reward for

act/acts of favour in relation to the obtaining or execution of this or any other contract for

the company Or

e. obtains a contract with the company as a result of ring tendering or other non-bonafide

method of competitive tendering Or

45

f. transfers, sublets, assigns the entire work or any portion thereof without the prior approval

in writing from the Engineer-in-charge. The Engineer-in-charge may be giving a written

notice, cancel the whole contract or portion of it in default. Or

g. Does not fulfill / comply the SLA requirement as mentioned in NIT

9.1 The contract shall stand terminated under the following circumstances:

a. If the contractor being an individual in the case of proprietary concern or in the case of a

partnership firm any of its partners is declared insolvent under the provisions of insolvency

act for the time being in force, or makes any conveyance or assignment of his effects or

composition or arrangement for the benefit of his creditors amounting to proceedings for

liquidation or composition under any insolvency act

b. In the case of the contractor being a company, its affairs are under liquidation either by a

resolution passed by the company or by an order of court, not being a voluntary liquidation

proceedings for the purpose of amalgamation or re-organisation, or a receiver or manager is

appointed by the court on the application by the debenture holders of the company, if any.

c. If the contractor shall suffer an execution being levied on his/their goods, estates and allow it

to be continued for a period of 21 days.

d. On the death of the contractor being a proprietary concern or of any of the partners in the case

of a partnership concern and the company is not satisfied that the legal representative of the

deceased proprietor or the other surviving partners of the partnership concern are capable of

carrying out and completing the contract. The decision of the company in this respect shall be

final and binding which is to be intimated in writing to legal representative or to the partnership

concern.

9.2 On cancellation of the contract or on termination of the contract, the Engineer-in-charge shall have

powers:

(a) To take possession of the site and carry out balance work through any other agency.

(b) after giving notice to the contractor to measure up the work of the contractor and to take such whole

or the balance or part thereof, as shall be unexecuted out of his hands and to give it to another contractor

or take up departmentally, to complete the work. The contractor whose contract is terminated shall not

be allowed to participate in future bidding for period of minimum twelve months.

In such an event, the contractor shall be liable for loss/damage suffered by the employer because of

action under this clause and to compensate for this loss or damage, the employer shall be entitled to

recover higher of the following:

(i) Forfeiture of security deposit comprising of performance guarantee and retention money and

additional performance security, if any, at disposal of the employer.

Or

(ii) 20% of value of incomplete work. The value of the incomplete work shall be calculated for

the items and quantities remaining incomplete (as per provision of agreement) at the

agreement rates including price variation as applicable on the date, when notice in writing

for termination of work was issued to the contractor.

It is being clarified that the above liability is over and above the penalties payable by the contractor

on account of shortfall in quantities as per provision of clause 6.

The amount to be recovered from the contractor as determined above, shall, without prejudice to any

other right or remedy available to the employer as per law or as per agreement, will be recovered from

any money due to the contractor on any account or under any other contract and in the event of any

46

shortfall, the contractor shall be liable to pay the same within 30 days. In case of failure to pay the

same the amount shall be debt payable.

In the event of above course being adopted by the Engineer-in-charge, the contractor shall have no

claim to compensation for any loss sustained by him by reasons of his having purchased materials,

equipment or entered into agreement or made advances on any account or with a view to the execution

of work or performance of the contract. And in case action is taken under any of provision aforesaid,

the contractor shall not be entitled to recover or to be paid any sum for any work thereof or actually

performed under this contract unless and until the engineer-in-charge has certified in writing the

performance of such work and value payable in respect thereof and he shall only be entitled to be paid

the value so certified.

The need for determination of the amount of recovery of any extra cost/expenditure or of any

loss/damage suffered by the company shall not however arise in the case of termination of the contract

for death/demise of the contractor as stated in 9.1(d).

9.3 Suspension of work - The company shall have power to suspend the progress of the work any part

thereof and the Engineer- in-charge may direct the contractor in writing to suspend the work, for such

period and in such manner as may be specified therein, on account of any default on the part of the

contractor, or for proper execution of the work for reasons other than any default on the part of the

contractor, or on ground of safety of the work or part thereof. In the event of suspension for reason

other than any default on the part of the contractor, extension of time shall be allowed by the company

equal to the period of such suspension.

9.4 Foreclosure of contract in full or in part - If at any time after acceptance of the tender, the company

decides to abandon or reduce the scope of the work for any reason whatsoever the company, through

its Engineer-in-charge, shall give notice in writing to that effect to the contractor. In the event of

abandonment/reduction in the scope of work, the company shall be liable to pay the contractor at the

contract rates full amount for works executed and measured at site upto the date of such

abandonment/reduction in the work. The contractor shall, if required by the Engineer-in-charge,

furnish to him books of accounts, papers, relevant documents as may be necessary to enable the

Engineer-in-charge to assess the amount payable. The contractor shall not have any claim for

compensation whatsoever either for abandonment or for reduction in the scope of work, other than

those as specified above.

10. CARRYING OUT PART WORK AT RISK & COST OF CONTRACTOR:

10.1 If the progress of the work or of any portion of the work is unsatisfactory, the Engineer-in-

Charge, after giving the contractor 15 days’ notice in writing, without cancelling or terminating the

contract, shall be entitled to employ another Agency for executing the job or to carry out the work

departmentally or contractually through tendering / limited tendering process, either wholly or partly,

debiting the contractor with cost involved in engaging another Agency or with the cost of labour and

the prices of materials, as the case may be. The certificate to be issued by the Engineer-in-Charge for

the cost of the work so done shall be final and conclusive and the extra cost, if any, shall be borne by

the contractor. However, when this clause is invoked, any other penalty will not be applicable other

than on account of shortfall in quantities as per clause 6.2.

The value of the work taken away shall be calculated for the items and quantities taken away at the

agreement rates including price variation as applicable on the date, when notice in writing for taking

away part work was issued to the contractor. The contractor, from whom part work is being taken out,

shall not be allowed to participate in the tendering process if any.

In the event of above course being adopted by the Engineer-in-charge, the contractor shall have no

claim to compensation for any loss sustained by him by reasons of his having purchased materials,

equipment or entered into agreement or made advances on any account or with a view to the execution

of work or performance of the contract.

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11 . COMPLETION CERTIFICATE/ DEFECT LIABILITY CERTIFICATE:

11.1 On completion of the work and notifying the same by the contractor to the Engineer-in-Charge,

Completion Certificate shall be issued by the Engineer-in-charge only in the event the work is

completed satisfactorily in every respect. Payment of final bill shall be made on completion of the

contract and refund of security deposit shall, however, be made as per relevant clause of the contract.

12. RESPONSIBILITIES OF THE CONTRACTOR

i. The company reserve the right to let other contractors in connection with the project and the

contractor/contractors shall co-operate in the works for the introduction and stores and materials and

execution of his/their works.

ii. The contractor/contractors shall employ only competent, skilful and orderly men to do the work.

The Engineer-in-charge shall have the right to ask the contractor/contractors to remove from the work

site any men of the contractor/contractors who in his opinion is undesirable and the

contractor/contractors will have to remove him within three hours of such orders.

iii. Precautions shall be exercised at all times for the protection of persons (including employees) and

property. The safety required or recommendation by all applicable laws, codes, statutes and regulations

will be observed. In case of accidents, he/they shall be responsible for compliance with all the

requirements imposed by the Workmen's Compensation Act or any other similar laws in force, and

shall indemnify the company against any claim on this account. The contractor/contractors shall at all

times exercise reasonable precautions for the safety of employees in the performance of his/their

contract and shall comply with all applicable provisions of the safety laws drawn up by the State or

Central Government or Municipalities and other authorities in India. The contractor/contractors shall

comply with the provision of the safety hand book as approved and amended from time to time by the

Government of India.

iv. The contractor/contractors shall familiarise themselves with and be governed by all laws and rules

of India and Local statutes and orders and regulations applicable to his/their work.

v. Building for the sanitary necessities of all persons employed on the work shall be constructed and

maintained in the number, manner and place approved or ordered by the Engineer-in-charge. The

contractor shall vigorously prohibit committing of nuisance at any other place. Cost of all works under

these items shall be covered by the contractor's/contractors' tendered rates.

vi. The contractor/contractors shall furnish to the Engineer-in-charge or his authorized representative

with work reports from time to time regarding the contractor/contractors organization and the progress

made by him/them in the execution of the work as per the contract agreement.

vii. All duties, taxes (excluding Goods and Services Tax (GST) and GST Compensation Cess (if

applicable) only) and other levies payable by the bidder/Contractor under the Contract, or for any other

cause as applicable on the last date of submission of Bid, shall be included in the rates, prices and the

total Bid Price submitted by the Bidder. Applicable GST either payable by bidder or by company under

reverse change mechanism shall be computed by system in BoQ sheet as per predefined logic.

All investments, operating expenses, incidentals, overheads etc. as may be attendant upon execution

and completion of works shall also be included in the rates, prices and total bid price submitted by the

bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or

any increase over the rate existing on the last date of submission of Bid shall be reimbursed by the

company on production of documentary evidence in support of payment actually made to the

concerned authorities.

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Similarly if there is any decrease in such duties, taxes and levies the same shall become recoverable

from the contractor. The details of such duties, taxes and other levies along with rates shall be declared

by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST

& GST Compensation Cess. The payment of GST and GST Compensation Cess by service availer (i.e.

CIL) to bidder/contractor (if GST payable by bidder/contractor) would be made only on the latter

submitting a Bill/invoice in accordance with the provision of relevant GST Act and the rules made

thereunder and after online filing of valid return on GST portal. Payment of GST & GST

Compensation Cess is responsibility of bidder/contractor.

However, in case contractor is GST unregistered bidder/dealer in compliance with GST rules, the

bidder/dealer shall not charge any GST and/or GST Compensation Cess on the bill invoice. In such

cases, applicable GST will be deposited by CIL directly to concerned authorities.

Input tax credit is to be availed by CIL as per rule.

If CIL fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or

the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and services in

incorporating the tax invoice issued to CIL in its relevant returns under GST, payment of CGST &

SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax authorities, issue

of proper tax invoice or any other reason whatsoever, the applicable taxes &cess paid based on such

Tax invoice shall be recovered from the current bills or any other dues of the supplier/vendor along

with interest, if any.

viii. The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to

deal with such amount in terms of the provisions of the Statute or in terms of the direction of any

statutory authority and the company shall only provide with certificate towards such deduction and

shall not be responsible for any reason whatsoever.

ix. The contractor/contractors shall make his/their own arrangement for all equipment, dumpers,

materials, consumables (excluding explosives to be issued free of cost), tools, staff and labour

required for the contract, which shall include cost of lead, lift, loading, unloading, railway freight,

recruiting expenses and any other charges for the completion of the work to the entire satisfaction

of the company.

The contractor shall at his own cost arrange maintenance/repair of all equipment required/deployed

for the work. The company shall have no liability whatsoever on this account.

In emergent situation, to avoid disruption of work, and provided the contractor makes an application

in this regard, POL, if available with the company, may at the sole discretion of the company be

issued to him with the approval of Area General Manager, but value of the same as per the prevailing

rate shall be charged from him or recovered from his bills.

x. No sub-letting of the work as a whole by the contractor is permissible. Prior permission is required

to be taken from the principle employer for engagement of sub-contractors in hiring equipment

contract for part work / piece rated work.

xi. Provision Related to Employment of Labour, Payment of wages and Provident Fund Deduction

The execution of work shall be done by deploying machines / equipment through only regular

employees of the contractor. The contractor shall also comply with statutory requirements under

CL(R&A) Act and also obtain labour license.

The contractor shall not engage any person of less than 18 year age or females during night hours

as required by relevant law.

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The contractor/contractors shall not pay less than the wages fixed (notified and prevalent during

submission of the bid for mining activities as per policy decision of the Company/CIL valid from

time to time) in respect of his employees of different categories.

The contractor shall make payment to his employees at the place(s) specified by the General

Manager/Project officer and in the presence of company’s authorized representative, who shall duly

witness all payments by the contractor to his employees. For this purpose, the contractor shall notify

the wage period(s), day/date and time of payment.

The payment of wages to the workers should be made through Bank.

The Contractor/ Contractors shall make necessary payment of the Provident Fund for the workmen

employed by him for the work as per the laws prevailing under provisions of CMPF and Allied

Schemes and Miscellaneous Provisions Act 1948 or Employees Provident Fund and Miscellaneous

Provisions Act 1952 as the case may be. The Contractor shall regularly deposit the contribution in

accordance with such scheme. The company shall have no liability whatsoever in this regard.

The contractor shall arrange treatment facilities to contractor’s workers. However, treatment

facilities, as available at company’s hospital and dispensary shall be provided to contractors’

workers, in case contractor wants to avail it. The treatment facility at company’s Hospitals /

Dispensary shall be free of cost, but to the extent of available medicines, pathological examination

and other surgical treatment. Such facilities shall not be applicable to worker’s spouse or dependent.

The contractor should issue Identity Card to the workmen deployed by them with photograph duly

attested by him which the employee shall always carry with him while on work and produce for

Inspection whenever required.

The contractor shall familiarize himself and fully comply with the provisions of all the

Acts/Rules/Regulations/Bye-laws and orders of the Local authority / Municipality /State Govt./

Central Govt. applicable to the worker. Mines Act, Payment of Wages Act, Motor Vehicle Act,

Workermen’s Compensation Act, Labour Laws, Insurance etc. and shall be fully responsible and

liable for the due observance of the same. The company shall have no responsibility / liability

whatsoever on these accounts. The contractor shall fully indemnify the Company against any

claim/dispute/reference Award, etc. arising out of the same.

The contractor shall make timely payment of all salary /wages/ dues to his employees and shall also

provide all benefits to his employees as per various Acts/ Rules, Regulation, Orders applicable to

the work e.g bonus under Coal Mines Bonus Scheme and Payment of Bonus Act, Sunday Wages,

Overtime, Holiday Wages, Leave Wages, Sick Leave etc.

The contractor shall prepare the wages sheet for his employees in duplicate, a copy of which shall

be regularly submitted to the Engineer-in- charge of the project.

The responsibility of the contractor in respect of all payments to his employees will be complete

and absolute. The Company shall have no liability whatsoever in this regard and shall be fully

indemnified by the Contractor against any claim arising out of any non-payment / short payment /

dispute/ award.

In case any accident occurs or any injury is caused to any employee of the Company by the

vehicles/equipment of the contractors or by any act of omission/ commission on the part of the

contractor's representative/ employees, the compensation for the same, as provided in law or as

assessed by the company shall be recovered from the contractor along with the costs and expenses

incurred by the company on the same.

xii) The contractor will have to make necessary security arrangement to prevent theft of coal from

the project premises, during transportation and also at coal dumps.

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xiii. All accounts shall be maintained in English and the company shall have the right of access and

inspection of all such books of accounts etc. relating to payment of labourer considered necessary and

the company may arrange for witnessing the payment to the labourer by its representatives.

xiv. Insurance - The contractor shall take full responsibility to take all precautions to prevent loss or

damage to the works or part thereof for any reasons whatsoever (except for reasons which are beyond

control of the contractor or act of God, e.g. flood, riots, war, earthquake, etc.) and shall at his own cost

repair and make good the loss/damage to the work so that on completion, the work shall be in good

order and condition and in conformity with the requirements of the contract and instructions of the

Engineer-in-charge, if any :

a. The contractor shall at all times during the pendency of the contract indemnify the company

against all claims, damages or compensation under the provisions of the Workmen's

Compensation Act and shall take insurance policy covering all risk, claims, damages or

compensation payable under the Workmen's Compensation Act or under any other law relating

thereto.

b. The contractor shall ensure that the insurance policy/policies are kept alive till full expiry of

the contract by timely payment of premiums and shall not be cancelled without the approval

of the company and a provision is made to this effect in all the policies, and similar insurance

policies are also taken by his sub-contractors if any. The cost of premiums shall be borne by

the contractor and it shall be deemed to have been included in the quoted rate.

c. In the event of contractor's failure to effect or to keep in force the insurance referred to above

or any other insurance which the contractor is required to effect under the terms of the contract,

the company may effect and keep in force any such insurance and pay such

premium/premiums as may be necessary for that purpose from time to time and recover the

amount thus paid from any money due by the contractor.

The contractor shall whenever required produce before Engineer-in-charge the policy or

policies of insurance and receipt of payment of the current premium.

xv) ACCOMMODATION, SITE OFFICE, ELECTRICITY, WATER ETC.

a. The successful bidder shall arrange accommodation, security etc. of its own for its workmen. The

employer shall not provide any land for setting up of labour camp and the contractor shall make his

own arrangements. However, company may provide accommodation, if available, on chargeable

basis on request made in writing by the contractor.

b. Subject to availability, the employer may allot at his own discretion and convenience land for the

construction of contractors site office, godowns, workshop and assembly yard near the site.

Allotment of such land shall not confer any tenancy rights to the contractor. The contractor shall

construct and maintain the same at his cost. All these temporary works shall be well ventilated,

lighted and provided with water, electricity and sanitary arrangement to the approval of Enginner-

in-charge.

The contractor shall remove immediately on completion of the work such buildings and make

good, to the satisfaction EIC, all the damages sustained.

The contractor shall not use the land for any purpose other than that for or in connection with the

contract.

In case contractor requires any land additional to what is made available to him, the contractor

shall make arrangement for the same at his own cost.

c. It will be the responsibility of contractor, to whom the work would be allotted, for making other

arrangements at their own cost.

d. Electric power, if available, may be made available for the work by the employer at one point

within the site or near the site on conditions as specified:

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The contractor shall arrange at his own cost necessary cabling/wiring, switch board,

switch gear etc and shall be responsible for the safe maintenance.

Distribution arrangement shall be done by the contractor at his cost as per approved layout.

Distribution arrangement shall be shifted and rerouted at the contractor’s cost during

execution of work, if same is required for continuation of work or for any unforeseen

reason.

The contractor shall install metering devices for recording of energy consumption. Tariff

will be deducted as per Company rules. No extra payment will be made and no extension

of time period will be allowed on account of power failure or delay in providing of power

due to non-availability of such facility near the site. No idle wages will also be allowed

on this ground.

The contractor shall remove immediately on completion of the work such distribution

system and all installations and make good, to the satisfaction EIC, all the damages

sustained.

The contractor shall employ certified and licensed electrician for carrying out the work

and its maintenance.

e. The contractor shall make his own arrangement for water required for the work. Mine water, if

available, may be utilized for this purpose and shall be provided free of cost. Arrangement of its

pumping and distribution for use in his work shall be responsibility of contractor. Drinking water,

if available, will be provided free of cost by company at one point. Distribution to required places

will be the responsibility of contractor. The employer doesn’t guarantee uninterrupted supply. It

will incumbent on the contractor to make alternative arrangement for drinking water at his own

cost.

13. SETTLEMENT OF DISPUTES

It is incumbent upon the contractor to avoid litigation and disputes during the course of execution.

However, if such disputes take place between the contractor and the department, effort shall be made

first to settle the disputes at the company level.

The contractor should make request in writing to the Engineer-in-charge for settlement of such

disputes/ claims within 30 (thirty) days of arising of the cause of dispute/ claim failing which no

disputes/ claims of the contractor shall be entertained by the company.

Effort shall be made to resolve the dispute in two stages.

In first stage dispute shall be referred to GM(E&T). If difference still persist the dispute shall be

referred to a committee constituted by the owner. The committee shall have one member of the rank

of Director of the company who shall be Chairman of the Committee.

If differences still persist, the settlement of the dispute shall be resolve in the following manner:

Disputes relating to the commercial contracts with Central Public Sector Enterprises /Govt.

Departments (except Railways, Income Tax, Customs & excise duties)/State Public Sector Enterprises

shall be referred by either party for Arbitration to the PMA (Permanent Machinery of Arbitration) in

the department of Public Enterprises.

In case of parties other than Govt. Agencies, the redressal of the dispute may be sought through

Arbitration (THE ARBITRATION AND CONCILIATION ACT, 1996 as amended by

AMENDMENT ACT of 2015).

13A. Settlement of Disputes through Arbitration

If the parties fail to resolve the disputes/differences by in house mechanism, then, depending on the

position of the case, either the employer/owner or the contractor shall give notice to other party to refer

the matter to arbitration instead of directly approaching Court. The contractor shall, however, be

entitled to invoke arbitration clause only after exhausting the remedy available under the clause 13.

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In case of parties other than Govt. agencies, the redressal of disputes/differences shall be sought

through Sole Arbitration as under.

Sole Arbitration:

In the event of any question, dispute or difference arising under these terms & conditions or any

condition contained in this contract or interpretation of the terms of, or in connection with this Contract

(except as to any matter the decision of which is specially provided for by these conditions), the same

shall be referred to the sole arbitration of a person, appointed to be the arbitrator by the Competent

Authority of CIL / CMD of Subsidiary Company (as the case may be). The award of the arbitrator

shall be final and binding on the parties of this Contract.

(a) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to

act for any reason, or his/her award being set aside by the court for any reason, it shall be lawful for

the Competent Authority of CIL / CMD of Subsidiary Company (as the case may be) to appoint

another arbitrator in place of the outgoing arbitrator in the manner aforesaid.

(b) It is further a term of this contract that no person other than the person appointed by the Competent

Authority of CIL / CMD of Subsidiary Company (as the case may be) as aforesaid should act as

arbitrator and that, if for any reason that is not possible, the matter is not to be referred to Arbitration

at all.

Subject as aforesaid, Arbitration and Conciliation Act, 1996 as amended by Amendment Act of 2015,

and the rules thereunder and any statutory modification thereof for the time being in force shall be

deemed to apply to the Arbitration proceedings under this clause.

The venue of arbitration shall be the place from which the contract is issued.

Applicable Law: The contracts shall be interpreted in accordance with the laws of the Union of India.

Contracts with Partnership firm/ Joint Venture/Consortium:

The Partnership firm /Joint Venture/Consortium is required to submit written consent of all the

partners to above arbitration clause at the time of submission of bid.

14. E-way Bill: The e-way bill required in connection with supply of goods or services, if any, shall

be arranged by the supplier/vendor. However, the e-way bill will be arranged by CIL/Subsidiary if the

supplier/vendor is unregistered one or if provisions of the relevant Act and the rules made there under

specifically states that the e-way bill is required to be issued by recipient of goods.

15. In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other charges

(Except EMD) from the supplier/vendor, the same will be recovered along with the applicable GST

and the amount shall be adjusted with the payment to be made to the supplier/vendor against their

bill/invoice or any other dues.

16. Limitation of Liabilities: Except in case of criminal or gross negligence or wilful misconduct.

a. The service provider shall not be liable to the owner (CIL), whether in contract, tort, or

otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss

of profits or interest costs; and

b. The aggregate liability of service provider to the owner (CIL), whether under the contract, in tort

or otherwise including the cost of repairing the equipment and services, shall not exceed the 100%

(hundred) of the total contract value plus escalation, provided that this limitation shall not apply to

any obligation of the contractor to indemnify the owner / its subsidiaries under the contract.

------------------------------------------------------

53

Tender Document

Chapter – 5

(ANNEXURES)

COAL INDIA LIMITED




54

Annexure - A

PRE-CONTRACT INTEGRITY PACT

(To be signed on Plain Paper)

This pre-contract Agreement (hereinafter called the Integrity Pact) is made on ____ day of the month

of ____ 20… at ....................BETWEEN Coal India Ltd. acting through……………on behalf of the

Chairman and Managing Director, Coal India Ltd. (hereinafter called the “BUYER” which expression

shall mean and include, unless the context otherwise requires, his successors in office and assigns) of

the First Part

AND

M/s.______ represented by Shri______ (hereinafter called the BIDDER /SELLER which expression

shall mean and include unless the context otherwise requires his successors and permitted assigns) of

the Second Part.

WHEREAS the BUYER proposes to execute (Name of the work) and the BIDDER / SELLER is

willing to offer / has offered the services and

WHEREAS the BIDDER is a private company / public company / Government undertaking/

partnership/ proprietorship/ joint venture constituted in accordance with the relevant law in the matter

and the BUYER is a Ministry/ Department of the Govt. of India/ PSU performing its functions on

behalf of the President of India.

NOW THEREFORE,

To avoid all forms of corruption, by following a system that is fair, transparent and free from any

influence/prejudiced dealings prior to, during and subsequent to the currency of the contract, to be

entered into with a view to:

Enabling the BUYER to complete the desired work at a competitive price in conformity with the

defined specifications by avoiding the high cost and the distortionary impact of corruption on public

procurement and Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in

order to secure the contract by providing assurance to them that their competitors will also abstain

from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any

form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

1. Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with

the contract, will demand, take a promise for or accept, directly or through intermediaries, any

bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other

advantage from the BIDDER, either for themselves or for any person, organization or third party

related to the contract in exchange for any advantage in the bidding process, bid evaluation,

contracting or implementation process related to the contract.

1.2 The BUYER will , during the pre-contract stage, treat all BIDDERS alike and will provide to

all BIDDERS the same information and will not provide any such information to any particular

BIDDER which could afford an advantage to that particular BIDDER in comparison to other

BIDDERS.

1.3 All the officials of the BUYERS will report to the appropriate Government office any attempted

or completed breaches of the above commitments as well as any substantial suspicion of such a

breach.

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2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to

the BUYER with full and verifiable facts and the same is prima facie found to be correct by the

BUYER, necessary disciplinary proceedings or any other action as deemed fit, including criminal

proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings

related to the contract process. In such a case while an enquiry is being conducted by the BUYER, the

proceedings under the contract would not be stalled.

Commitments of BIDDERS

3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair

means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage

in order to secure the contract or in furtherance to secure it and in particular, commit itself to the

following:

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration,

reward, favor, any material or immaterial benefit or other advantage, commission, fees,

brokerage or inducement to any official of the BUYER, connected directly or indirectly with the

bidding process, or to any person, organization or third party related to the contract in exchange

for any advantage in the bidding, evaluation, contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or

indirectly any bribe, gift, consideration, reward, favour any material or immaterial benefit or

other advantage, commission, fees, brokerage of inducement to any official of the BUYER or

otherwise in procuring the Contract of forbearing to do or having done any act in relation to the

obtaining or execution of the contract or any other contract with the Government for showing or

forbearing to show favour or disfavour to any person in relation to the contract or any other

contract with BUYER.

3.3 BIDDERS shall disclose the name and address of the Agents/ representatives and Indian

BIDDERS shall disclose their foreign principals of associates.

3.4 BIDDERS shall disclose the payments to be made by them to agents / brokers of any other

intermediary in connection with this bid / contract.

3.5 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing

the contract shall disclose any payment he has made is committed to or intends to make to officials

of the BUYER or their family members, agents, brokers or any other intermediaries in connection

with the contract and the details of services agreed upon for such payments.

3.6 The BIDDER will not collude with other parties interested in the contract to impair the

transparency, fairness and progress of the bidding process, bid evaluation contracting and

implementation of the contract.

3.7 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means

and illegal activities.

3.8 The BIDDER shall not use improperly for purposes of competition or personal gain, or pass on to

others any information provided by the BUYER as part of the business relationship, regarding

plans, technical proposals and business details including information contained in any electronic

data carrier. The BIDDER also undertakes to exercise due and adequate care Lest any such

information is divulged.

3.9 The BIDDER commits to refrain from giving any complaint directly or through any other manner

without supporting it with full and verifiable facts.

3.10 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions

mentioned above.

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3.11 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER,

either directly or indirectly, is a relative of any of the officers of the BUYER or alternatively, if

any relative of an officers of the BUYER has financial interest / stake in the BIDDER‟s firm, the

same shall be disclosed by the BIDDER at the time of filing of tender. The term relative for this

purpose would be as defined in Section 6 of the Companies Act, 1956.

3.12 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or

transaction, directly or indirectly, with any employee of the BUYER.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact, with any other company in any country in respect of any

corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any

Government Department in India that could justify BIDDER‟s exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be

disqualified from the tender process or the contract, if already awarded, can be terminated for such

reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount……………… (as

specified in the NIT), as Earnest Money/Bid security with the BUYER in the mode as specified

in the bid document.

5.2 The Earnest Money/ Bid security shall be valid for a period as specified in the bid document.

5.3 In case of the successful bidder a clause would also be incorporated in the Article pertaining

to performance security/ bid security in the contract that the provisions of sanctions for

Violation shall be applicable for forfeiture of Performance security / bid security in case of a

decision by the BUYER to forfeit the same without assigning any reason for imposing sanction

for Violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money Security Deposit

for the period of its currency.

6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on

its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to

take all or any one of the following actions wherever required.

i) To immediately call off the pre-contract negotiations without assigning any reason or giving

any compensation to the BIDDER. However, the proceedings with the other BIDDER(s)

would continue.

ii) The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit / Performance

Security (after the contract is signed) shall stand forfeited either fully or partially, as decided

by the BUYER and the BUYER shall not be required to assign any Reason therefore.

iii) To immediately cancel the contract if already signed, without giving any compensation to the

BIDDER.

iv) To recover all sums already paid by the BUYER and in case an Indian BIDDER with interest

thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in

57

case of BIDDER from a country other than India with interest thereon at 2% higher than the

LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection

with any other contract for any other stores, such outstanding payment could also be utilized

to recover the aforesaid sum and interest.

v) To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by

the BIDDER, in order to recover the payments, already made by the BUYER, along with

interest.

vi) To cancel all or any other contracts with the BIDDER. The BIDDER shall be liable to pay

compensation for any loss or damage to the BUYER resulting from such cancellation /

rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s)

due to the BIDDER.

vii) To debar the BIDDER from participating in future bidding processes of the Govt. of India for

a minimum period of five years, which may be further extended at the discretion of the

BUYER.

viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middlemen or agent or

broker with a view to securing the contract.

ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed

by the BUYER with the BIDDER, the same shall not be opened.

x) Forfeiture of Performance Guarantee/ Security Deposit in case of a decision by the BUYER to

forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of

this Pact also on the Commission by the BIDDER or any one employed by it or acting on its

behalf, (whether with or without the knowledge of the BIDDER), of an offence as defined in

Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other

statute enacted for prevention of corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been

committed by the BIDDER shall be final and conclusive on the BIDDER. However, the

BIDDER can approach the independent Monitor (s) appointed for the purposes of this Pact.

7. FALL CLAUSE

The BIDDER undertakes that it has not supplied/is not supplying similar products/systems or

subsystems at a price lower than that offered in the present bid in respect of any other

Ministry/department of the Government of India or PSU and if it is found at any stage that similar

products/systems or subsystems was supplied by the BIDDER to any other Ministry/ Department of

the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed

time, will be applicable to the present case and the difference in the cost would be refunded by the

BIDDER to the BUYER, if the contract has already been concluded.

8. Independent Monitors

8.1 The BUYER has appointed independent Monitors (hereinafter referred to as Monitors) for this

Pact in consultation with the Central Vigilance Commission. (Name and addresses of the

Monitors are listed in NIT).

8.2 The task of the Monitors shall be to review independently and objectively, whether and to

what extent the parties comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the parties and

performs their functions, neutrally and independently.

58

8.4 Both the parties accept that the Monitors have the right to access all documents relating to the

Project/procurement, including minutes of meeting.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform

the Authority designated by the BUYER.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project

documentation of the BUYER including that provided by the BIDDER. The bidder will also grant

the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional

access to his Project documentation. The same is applicable to Subcontractors. The Monitor shall

be under contractual obligation to treat the information and documents of the Bidder /

Subcontractor(s) with confidentiality.

8.7 The Buyer will provide to the Monitor sufficient information about all meetings among the parties

related to the Project provided such meetings could have an impact on the contractual relations

between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated Authority of BUYER within 8 to 10

weeks from the date of reference or intimation to him by the BUYER/BIDDER and should the

occasion arise, submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the

BUYER or its agencies shall be entitled to examine all the documents including the Book of Accounts

of the BIDDER and the BIDDER shall provide necessary information and documents in English and

shall extend all possible help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the extant law in force relating to any civil or criminal

proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from the date of its signing and extend up to five years

Or the complete execution of the contract to the Satisfaction of both the BUYER and the

BIDDER/Seller, including warranty period, whichever is later. In case the BIDDER is unsuccessful,

this Integrity Pact shall expire after Six (06) months from the date of the signing of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact

shall remain valid. In this case the parties will strive to come to an agreement to their original

intentions.

13. The parties hereby sign this integrity pact at ____ on___________ .

BUYER BIDDER

Chief executive officer

59

(Name of the Officer) (Name of the Officer) Designation

PSU

Witness Witness

1. _________________ 1._____________________

2. _________________ 2. _____________________

60

Annexure-I

MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING

PAYMENT.

1. Name of the Party : _____________________________________________

2. Address of the Party : _____________________________________________

_____________________________________________

City _______________________PIN Code_________

E- Mail Id _____________________________________

Permanent Account Number ___________________

3. Particulars of Bank

Bank Name Branch Name

Branch Place Branch City

PIN Code Branch Code

MICR No.

(9 Digits code number appearing on the MICR Band of the cheque supplied by the Bank. Please

attach Xerox copy of a cheque of your bank for ensuring accuracy of the bank name, branch name

and code number)

RTGS CODE

Account Type Savings Current Cash Credit

Account Number(as appearing in

the Cheque Book)

4. Date from which the mandate should be effective.

I hereby declare that the particulars given above are correct and complete. If any transaction is delayed or

not effected for reasons of incomplete or incorrect information. I shall not hold Company responsible.

I also undertake to advise any change in the particulars of my account to facilitate updation of records

for purpose of credit of amount through SBI Net / RTGS transfer. I agree to discharge responsibility

expected of me as a participant under the scheme. Any bank charges levied by the bank for such e-

transfer shall be borne by us.

Place :

Date:

Signature of the Party / Authorised Signatory

----------------------------------------------------------------------------------------------------------

Certified that particulars furnished above are correct as per our records.

Banker’s Stamp

Date

(Signature of the Authorised official from the Bank)

61

Annexure-II

BANK GUARANTEE FOR PERFORMANCE SECURITY To

.………………………..

…………………………..

Re: Bank Guarantee in respect of Contract No…………………….…. Dated…………….

Between ……………. (Name of the company) and ……………………………….……. (Name of the

Contractor)

WHEREAS

………….. (Name and address of the Contractor) (herein after called “the Contractor”) has

entered into a contract made as per letter of acceptance………………. dated.……. (herein after called

the said contract) with ………… (name of the Company) (hereinafter called “the Company”) to

execute …………. (name of the contract and brief description of work) on the terms and conditions

contained in the said contract.

It has been agreed that the Contractor shall furnish a Performance Security in the shape of

Bank Guarantee from a Schedule bank for a sum of Rs…………. as security for due compliance and

performance of the terms and conditions of the said contract.

We……… (name of the Bank) having its branch/Office at……. ….. have, at the request of

the Contractor, agreed to furnish this bank Guarantee by way of performance Security.

NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby,

unconditionally and irrevocably, guarantees and affirms as follows:

The Bank do hereby irrevocably guarantees and unconditionally agree with the Company

that if the contractor shall in any way fail to observe or perform the terms and conditions of the said

contract or shall commit any breach of its obligation thereunder, the Bank shall on its mere first written

demand, and without any objection, demur and without any reference to the contractor, pay to the

company the said sum of …………… or such portion as shall then remain due with interest without

requiring the Company to have recourse to any legal remedy that may be available to it to compel the

Bank to pay the sum, or failing on the company to compel such payment by the contractor.

Any such demand shall be conclusive as regards the liability of the Contractor to the

company and as regards the amount payable by the Bank under this Guarantee. The Bank shall not be

entitled to withhold payment on the ground that the Contractor has disputed its liability to pay or has

disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending

between the company and the Contractor regarding the claim.

The Bank further agree that the Guarantee shall come into force from the date hereof and

shall remain in force and effect till the period that will be taken for the performance of the said Contract

which is likely to be …………. day of ………….. but if the period of Contract is extended either

pursuant to the provisions in the said contract or by mutual agreement between the contractor and the

company, the Bank shall renew the period of the Bank Guarantee failing which it shall pay to the

company the said sum of ………….…. or such lesser amount of the said sum of …………… as may

be due to the company and as the company may demand.

This Guarantee shall remain in force until the dues of the company in respect of the said sum

of ……………….and interest are fully satisfied and the Company certifies that the Contract has been

fully carried out by the Contractor and discharged the guarantee.

The Bank further agrees with the company that the company shall have the fullest liberty

without consent of the Bank and without affecting in any way the obligations hereunder to vary any

of the terms and conditions of the said contract or to extend time for performance of the said contract

from time to time or to postpone for any time or from time to time any of the powers exercisable by

the Company against the contractor and to forebear to enforce any of the terms and conditions relating

to the said Contract and the Bank shall not be relieved from its liability by reason of such failure or

extension being granted to the Contractor or to any forbearance, act or omissions on the part of the

company or any indulgence by the Company to the Contractor or any other matter or thing whatsoever

which under the law relating to sureties would but for this provision have the effect or relieving or

discharging the Guarantor.

The Bank further agrees that in case this Guarantee is required for a longer period and it is

not extended by the Bank beyond the period specified above, the Bank shall pay to the company the

said sum of ………. ….. or such lesser sum as may then be deemed to the Company and as the

Company may require.

62

Notwithstanding anything contained herein the liability of the Bank under this Guarantee is

restricted to Rs……….……. The guarantee shall remain in force till the day ……*……. of

……*.……. and unless the guarantee is renewed or claim is preferred against the bank on or before

the said date all rights of the Company under this guarantee shall cease and the Bank shall be relieved

and discharged from all liabilities hereunder except as provided in the preceding Clause.

* The date of guarantee shall cover a period of minimum one year or 90 days beyond the

date of completion whichever is more.

Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax

addressed to the bank branch/operative branch, which shall be deemed to be a sufficient demand

notice.Bank shall effect payment thereof forthwith.

This guarantee will not be discharged due to the change in the constitution of the Bank or

the Contractor.

The Bank has under its constitution power to give this Guarantee and Sri…………………….

who has signed it on behalf of the Bank has authority to do so.

Signed and sealed this………. day of…………….at…………

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code number)

(address)

“The Bank Guarantee as referred above shall be operative at our branch at……. payable

at………………………….

(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name of

the branch with address of the specified town/city)

NOTE: - The department shall ensure extension of guarantee period in case of extension of

time.

63

Annexure-III

BANK GUARANTEE FOR RELEASE OF RETENTION MONEY/BID SECURITY

DEDUCTED @5% FROM RUNNING BILL

IN LIEU OF RECEIVING PAYMENT AGAINST THE SECURITY DEPOSIT ACCRUED

ANNUALLY BY PAYING THE RUNNING BILL AT 95%, i.e. THE RETENTION MONEY

DEDUCTED @ 5% FROM RUNNING BILL

To

………………………………………..

………………………………………..

Re: Bank guarantee in respect of contract No……………………………………..………

Dated………………………… between …………………. (Name of the …………….)

And ……………………………………………………….. (Name of the contractor)

WHEREAS

………….. (Name and address of the Contractor) (herein after called “the Contractor”) has entered into

a contract dated……….(herein after called the said contract) with ………… (name of the Company)

(hereinafter called “the Company”) to execute …………. (name of the contract and brief description of

work) on the terms and conditions contained in the said contract.

It has been agreed that the Contractor shall furnish a Bank Guarantee from a Schedule bank for a sum of

Rs………….. as security for release of equivalent amount of Retention Money/Bid Security as per terms

and conditions of the said contract.

We……… (name of the Bank) having its branch/Office at……..….. have, at the request of the Contractor,

agreed to furnish this bank Guarantee by way of Bid Security.

NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby, unconditionally

and irrevocably, guarantees and affirms as follows:

The Bank do hereby irrevocably guarantees and unconditionally agree with the Company that if the

contractor shall in any way fail to observe or perform the terms and conditions of the said contract or shall

commit any breach of its obligation thereunder, the Bank shall on its mere first written demand, and

without any objection, demur and without any reference to the contractor, pay to the company the said

sum of …………… or such portion as shall then remain due with interest without requiring the Company

to have recourse to any legal remedy that may be available to it to compel the Bank to pay the sum, or

failing on the company to compel such payment by the contractor.

Any such demand shall be conclusive as regards the liability of the Contractor to the Company and as

regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold

payment on the ground that the Contractor has disputed its liability to pay or has disputed the quantum of

the amount or that any arbitration proceeding or legal proceeding is pending between the Company and

the Contractor regarding the claim.

The Bank further agree that the Guarantee shall come into force from the date hereof and shall remain in

force and effect till the period that will be taken for the performance of the said Contract which is likely

to be ………… day of …………. but if the period of Contract is extended either pursuant to the provisions

in the said Contract or by mutual agreement between the contractor and the company, the Bank shall renew

64

the period of the Bank Guarantee failing which it shall pay to the company the said sum of Rs…………..

or such lesser amount of the said sum of Rs………………. as may be due to the company and as the

company may demand.

This Guarantee shall remain in force until the dues of the company in respect of the said sum of Rs………..

and interest are fully satisfied and the Company certifies that the Contract has been fully carried out by the

Contractor and he has discharged the guarantee.

The Bank further agrees with the company that the company shall have the fullest liberty without consent

of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and

conditions of the said contract or to extend time for performance of the said contract from time to time or

to postpone for any time or from time to time any of the powers exercisable by the Company against the

contractor and to forebear to enforce any of the terms & conditions relating to the said Contract and the

Bank shall not be relieved from its liability by reason of such failure or extension being granted to the

Contractor or to any forbearance, act or omissions on the part of the company or any indulgence by the

Company to the Contractor or any other matter or thing whatsoever which under the law relating to sureties

would but for this provision have the effect or relieving or discharging the Guarantor.

The Bank further agrees that in case this Guarantee is required for a longer period and it is not extended

by the Bank beyond the period specified above the Bank shall pay to the company the said sum of

Rs………….. or such lesser sum as may then be deemed to the Company and as the Company may require.

Notwithstanding anything contained herein the liability of the Bank under this Guarantee is restricted to

Rs……….. The Guarantee shall remain in force till the day ………*………….. of ……*…….. and unless

the Guarantee is renewed or claim is preferred against the Bank on or before the said date all rights of the

Company under this Guarantee shall cease and the Bank shall be relieved and discharged from all liabilities

hereunder except as provided in the preceding Clause.

* The date of guarantee shall cover a period of minimum one year or 270 days beyond the date of

completion whichever is more.

Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax addressed

to the bank branch/operative branch, which shall be deemed to be a sufficient demand notice. Bank shall

effect payment thereof forthwith.

This Guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.

The Bank has under it is constitution power to give this guarantee and Shri ……………… who has signed

it on behalf of the Bank has authority to do so.

Signed and sealed this………..day of……………..at…………

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code number)

(address)

“The Bank Guarantee as referred above shall be operative at our branch at…….. payable

at………………………….

65

(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name of the branch

with address of the specified town/city)”

NOTE:-The department shall ensure extension of guarantee period in case of extension of time.

66

ANNEXURE- IV

JOINT VENTURE /CONSORTIUM AGREEMENT

(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act applicable

in the concerned State)

This Joint Venture /Consortium agreement is made on this ……………………..day

of…………………………………..

AMONGST/BETWEEN

M/s………………………………………, having its registered Office at

………………………...

Represented by Shri…………………………….(Name and Designation) of

M/s………………...Who has power of Attorney to enter into Joint Venture / Consortium

with…………………………………...and Sign all documents/ agreements on behalf of

M/s……………… (hereinafter referred to as”……………….”)

AND

M/s………………………………………, having its registered Office at ………………………...

Represented by Shri…………………………….(Name and Designation) of

M/s………………...who has power of Attorney to enter into Joint Venture /Consortium

with…………………………………...and Sign all documents/agreements on behalf of

M/s……………… (hereinafter referred to as”……………….”).

The expressions M/s …………………..and M/s………………….Shall, wherever the context

admits, mean and include their respective legal representatives, successors-in-interest and assigns

and shall collectively be referred to as “Joint Venture/ Consortium/Parties” and individually as

“Joint Venture /Consortium Partner/Party”.

WHEREAS M/s……………….and M/s………………agreed to form a Joint Venture /

Consortium in order to join their forces to obtain best results from the combinations of their

individual resources of technical and management skill, finance and equipment for the benefit of

the project and in order to submit the Bid for the work of

“………………………………….............................................………………………………

(hereinafter referred to as “Project”) under……………………..(Name of Company (hereinafter

referred to as “the principle Employer”).

The Parties hereby enter into this Joint Venture /Consortium Agreement (hereinafter referred to

as “Joint Venture /Consortium Agreement”) to jointly prepare and submit the Bid for the Project

and in the event of securing the Project from the Employer, to execute the Project in accordance

with the Contract terms and conditions, to the satisfaction of the Principal Employer.

NOW THEREFORE, the parties, in consideration of the mutual premises contained herein,

agree as follows:

1) FORMATION AND TERMINATION OF THE JOINT VENTURE /CONSORTIUM.

The parties under this Agreement have decided to form a Joint Venture/ Consortium to submit

the Bid for the above Project and execute the Contract with the Principal Employer for the

Project, if qualified and awarded.

a) The name and style of the Joint Venture /Consortium shall be

“………………………………..” (hereinafter called the “Joint Venture /Consortium”

67

b) The Head Office of the Joint Venture /Consortium shall be located at……………………….

and the site office will be located at the site of the Project. All communication regarding the

project will be made to…………………… Telephone Nos…………………………..

c) None of the parties of the Joint Venture /Consortium shall be allowed to assign, pledge, sell

or otherwise dispose all or part of its respective interests in the Joint Venture /Consortium to

any party including the existing partner of the Joint Venture /Consortium.

d) The term of the Joint Venture/Consortium shall begin as on the date first set forth above

and shall terminate on the earliest of the following dates.

i) The Joint Venture /Consortium fails to obtain qualification from the Employer.

ii) The Contract for the Project is not awarded to the Joint Venture /Consortium.

iii) The Employer cancels the Project.

iv) Either Party commits material breach of this Agreement and fails to cure such breach

within the period designated by the non-defaulting Party.

v) Both parties agree to terminate this Agreement in writing.

vi) The Project is completed including defects liability period to the satisfaction of the

Employer and all the parties complete any and all duties, liabilities and responsibilities

under or in connection with the Contract and the Joint Venture /Consortium Agreement.

2) LEAD PARTNER.

M/s…………………………. shall be the Lead Partner of the Joint Venture / Consortium and

is responsible for performing a key function in contract management. M/s………………….

shall be attorney of the parties duly authorized to incur liabilities and receive instructions for

and on behalf of any and all partners in the Joint Venture /Consortium and also all the partners

of the Joint Venture / Consortium shall be jointly and severally liable during the bidding

process and for the execution of the contract as per contract terms with the employer in

accordance with the power of attorney annexed. All Joint Venture /Consortium partners

M/s………………….. & M/s………………………….. nominate and authorize

Shri………………. (name and designation) of M/s……………………………… to sign all

letters, correspondence, papers & certificates and to submit the Pre-qualification Application

/ Bid documents for and on behalf of the Joint Venture /Consortium.

3)REPRESENTATIVE OF THE PARTNERS OF THE JOINT VENTURE/

CONSORTIUM.

Each constituent party of the Joint Venture /Consortium appoints the following personnel as

the representative of the relevant party with full power of attorney from the Board of Directors

of the concerned company.

JV / CONSORTIUM Partner Name Position in the respective Company

M/s…………… …………………. ……………………………………..

M/s………….. ………………….. ……………………………………..

4) PARTICIPATION SHARE & WORK RESPONSIBILITIES.

4.1 The parties agree that their respective participation share (hereinafter called „Participation

Share‟) in the

68

Joint Venture /Consortium shall be as follows:

M/s………………………………….. : ……..…..% (…………..per cent)

M/s………………………………….. : ……..…..% (…………..per cent)

and

M/s………………………………….. : ……..…..% (…………..per cent)

4.2 The Parties shall share the rights and obligations, risk, cost and expenses, working capitals,

profits or losses or others arising out of or in relation to execution of the Project in

proportion to their share of participation in the Joint Venture /Consortium except as

otherwise agreed.

4.3 The parties shall jointly execute the works under the Project as an integrated entity and

allocate responsibilities as regards division of work between themselves by organizing the

adequate resources for successful completion of the Project. However all parties shall

remain jointly and severally responsible for the satisfactory execution of the Project in

accordance with the Contract terms and conditions.

5) JOINT AND SEVERAL LIABILITIES.

All partner of Joint Venture /Consortium shall be liable jointly and severally during the Pre-

qualification and Bidding process; and in the event the contract is awarded, during the

execution of the Contract, in accordance with Contract terms.

6) WORKING CAPITAL

Each party shall contribute working capital for equipment, labour and material or any expenses

incurred for execution of the Project or any other investment required in connection with the

execution of the project proportionate to the participation ratio.

7) BID SECURITY:

Bid Security, Performance Security and other securities shall be paid by the Joint Venture

/Consortium except as otherwise agreed.

8) PERSONNEL & EQUIPMENT

Team of Managers / Engineers of all the partners of the Joint Venture/ Consortium will

form part of the core management structure and assist in execution of the project. The list

of Personnel and equipment proposed to be engaged for the project by each Party will be

decided by the management committee.

9) NON PERFORMANCE OF RESPONSIBILITY BY ANY PARTY OF JOINT

VENTURE /CONSORTIUM.

a) As between themselves, each Party shall be fully responsible for the fulfillment of all

obligations arising out of its scope of the work for the Project to be clarified subject to the

Agreement between the Parties and shall hold harmless and indemnified against any

damage arising from its default or non-fulfillment of such obligations.

b) If any Party fails to perform its obligations described in this Agreement during the

execution of the Project and to cure such breach within the period designated by the non-

defaulting party, then the other party shall have the right to take up work, the interest and

responsibilities of the defaulting party at the cost of the defaulting party.

c) Stepping into the shoes of the existing partner of Joint Venture /Consortium with all the

liabilities of the existing partner from the beginning of the contract with the prior approval

of company.

69

d) Notwithstanding demarcation or allotment of work of between/amongst Joint Venture

/Consortium partners, Joint Venture /Consortium shall be liable for non-performance of the

whole contract irrespective of their demarcation or share of work.

e) In case bid being accepted by Company, the payments under the contract shall only be made

to the Joint Venture /Consortium and not to the individual partners.

10) BANK A/C.

Separate Bank A/c. shall be opened in the name of the Joint Venture/ Consortium in a scheduled

or Nationalized Bank in India as per mutual Agreement and all payments due to the Joint Venture

/Consortium shall be received only in that account, which shall be operated jointly by the

representative of the Parties hereto. The financial obligations of the Joint Venture/Consortium

shall be discharged through the said Joint Venture/ Consortium Bank Account only and also all

the payments received or paid by company to the Joint Venture /Consortium shall be through

that account alone.

11) LIMIT OF JOINT VENTURE /CONSORTIUM ACTIVITIES.

The Joint Venture /Consortium activities are limited to the bidding and in case of award, to the

performance of the Contract for the Project according to the conditions of the Contract with the

Employer.

12) TAXES.

Each Party shall be responsible for its own taxes, duties and other levies to be imposed on each

party in connection with the Project. The taxes, duties and other levies imposed on the Joint

Venture /Consortium in connection with the Project shall be paid from the account of the Joint

Venture /Consortium.

13) EXCLUSIVITY The Parties hereto agree and undertake that they shall not directly or indirectly either individually

or with other party or parties take part in the Bid for the said Project. Each Party further guarantee

to the other party hereto that this undertaking shall also apply to its subsidiaries and companies

under its direct or indirect control.

14) MISCELLANEOUS:

a. Neither party of the Joint Venture /Consortium shall assign, pledge, sell or otherwise dispose

all or part of its respective interests in the Joint Venture / Consortium to a third party without the

Agreement of the other parties in writing and also without the permission of the Employer.

b. Subject to the above clause, the terms and conditions of this agreement shall be binding upon

the parties, the Directors, Officers, Employees, Successors, Assigns and Representatives.

15) APPLICABLE LAW This agreement shall be interpreted under laws and regulations of India.

IN WITNESS Whereof the Parties hereto have hereunder set their respective hands and seals the

day, month, year first above written.

For …………………………………….. For……………………………..

Signature _____________________ Signature _______________

(Name & Address) (Name & Address)

…………………………………………..

……………………………………..

(Official Seal) (Official Seal)

70

Place ………………………………….. Place ……………………………..

Date …………………………………… Date ……………………………….

Witness Witness

Signature …………………………….. Signature …………………………

(Name & Address) (Name & Address)

………………………………………….. ……………………………………..

71

ANNEXURE-V

UNDERTAKING ON LETTER HEAD OF BIDDER

UNDERTAKING

I/We, ----------------------------------------------------, Partner/Legal Attorney/ Authorized

Representative of Sri/Smt./M/s -----------------------------------------------------(Name of bidder),

solemnly declare that:

1. I/We am/are submitting Bid for the work……......................................................against NIT

No/Tender ID......................... Dated………………… and I/we offer to execute the work in

accordance with all the terms, conditions and provisions of the bid.

2. Myself/Our Partners/Directors don’t has/have any relative as employee of Coal India Limited.

3. All information furnished by me/us on-line in respect of fulfillment of eligibility criteria and

qualification information of this Bid is complete, correct and true.

4. All copy of documents, credentials and documents submitted along with this Bid are genuine,

authentic, true and valid.

5. I/ We hereby authorize department to seek references / clarifications from our Bankers.

6. We hereby undertake that we shall register and obtain license from the competent authority under

the contract labour (Regulation & Abolition Act) as relevant, if applicable.

7. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make

necessary payments as required under law.

Or

*I/We hereby undertake that we shall take appropriate steps for registration as relevant under CMPF

/ EPF authorities, if applicable. We shall make necessary payments as required under law

8. *I/We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or PSUs(In case of

JV, all partners are covered).

Or

*I / We ………………..have been banned by the organization named “_____________” for a period

of………………… year/s, effective from ………………. to……………………..…..(in case of

JV, name(s) of the JV Partner(s)).

9. If any information and document submitted is found to be false/ incorrect at any time, department

may cancel my/our Bid and action as deemed fit may be taken against me/us, including termination

of the contract, forfeiture of all dues including Earnest Money and banning/ delisting of our firm

and all partners of the firm etc.

(This document is digitally signed by the DSC holder authorized by the bidder and therefore no physical

signature is required)

72

ANNEXURE- VI

NON - DISCLOSURE AGREEMENT

This Agreement made on this ________ day of _____________, ______ (the ‘Effective Date’)

BETWEEN:

(1) Coal India Limited., New Town, Rajarhat, Kolkata-700156

AND

(2)

_________________________________________________________________________________

_________________________________________________________________

(hereinafter referred to, individually, as the “Party” and collectively, as the “Parties”)

Background:

i) The Parties are, or will be, evaluating, discussing and negotiating a potential contractual

relationship concerning the ___________________________________

______________________________________________________ (the ‘Project’).

ii) The Parties may, in these evaluations, discussions and negotiations, disclose to each other

information that is technically and /or commercially confidential.

iii) The Parties have agreed that disclosure and use of such technical and/or commercial

confidential information shall be made and on the terms and conditions of this Agreement.

Now it is agreed as follows:

1.0 Definitions:

In this Agreement the following terms shall, unless the context otherwise requires, have the

following meanings:

1.1 ‘Disclosing Party’ means the Party disclosing Confidential Information to the other Party

under this Agreement.

1.2 ‘Receiving Party’ means the Party receiving Confidential Information from the other

Party under this Agreement.

1.3 ‘Confidential Information’ means any information, which shall include but is not limited

to, design, fabrication & assembly drawings, know-how, processes, product specifications,

raw materials, trade secrets, market opportunities, or business or financial affairs of the Parties

or their customers, product samples, inventions, concepts and any other technical and/or

commercial information, disclosed directly or indirectly and in any form whatsoever

(including, but not limited to, disclosure made in writing, oral or in the form of samples,

models, computer programs, drawings or other instruments) furnished by the Disclosing Party

to the Receiving Party under this Agreement.

1.3.1 Such Confidential Information shall also include but shall not be limited to:

1.3.1.1 information disclosed by the Disclosing Party in writing marked as

confidential at the time of disclosure;

1.3.1.2 information disclosed by the Disclosing Party orally which is slated to be


1.3.1.3 information disclosed in any other manner is designated in writing as

Confidential Information at the time of disclosure; or

1.3.1.4 notwithstanding sub-clauses 1.3.1.1, 1.3.1.2 and 1.3.1.3 of this definition, any

information whose nature makes it obvious that it is confidential.

1.3.2 Such Confidential Information shall not include any information which: 1.3.2.1 is, at the

time of disclosure, publicly known; or

1.3.2.2 becomes at a later date, publicly available otherwise than a wrongful act or

negligence or breach of this Agreement of or by the Receiving Party; or

1.3.2.3 the Receiving Party can demonstrate by its written records that such

information was in its possession, or known to the Receiving Party, before receipt under this

Agreement, and which was not previously acquired under an obligation of confidentiality; or

73

1.3.2.4 is legitimately obtained at any time by the Receiving Party from a third party

without restrictions in respect of disclosure or use; or

1.3.2.5 the Receiving Party can demonstrate to the satisfaction of the Disclosing Party,

has been developed independently of its obligations under this Agreement and without access

to the Confidential Information.

1.4 ‘Purpose’ means the evaluations, discussions, negotiations and execution regarding a

contractual relationship between the Parties in respect of the Project defined in paragraph (i)

of the Background section.

1.5 ‘Affiliate’ means any legal entity which, at the time of disclosure to it of any Confidential

Information, is directly or indirectly controlling, controlled by or under common control with

any of the Parties.

1.6 ‘Contemplated Agreement’ means any future legally binding Agreement between the

Parties in respect of the Project envisaged under this Agreement.

2.0 Non-Disclosure of Confidential Information:

2.1 In consideration of the disclosure of Confidential Information by the Disclosing Party

to the Receiving Party, solely for the Purpose, the Receiving Party undertakes whether by

itself, its successors and heirs, not to disclose Confidential Information to any third party,

unless in accordance with Clause 4.

2.2 In addition to the undertaking in Clause 2.1, the Receiving Party shall be liable for:

2.2.1 any loss, theft or other inadvertent disclosure of Confidential Information, and

2.2.2 any unauthorized disclosure of Confidential Information by persons (including,

but not limited to, present and former employees) or entities to whom the Receiving

Party under this Agreement has the right to disclose Confidential Information, except

where, the Receiving Party has used the same degree of care in safeguarding such

Confidential Information as it uses for its own Confidential Information of like

importance and in no event less than a reasonable degree of care; and upon becoming

aware of such inadvertent or unauthorized disclosure the Receiving Party has

promptly notified the Disclosing Party thereof and taken all reasonable measures to

mitigate the effects of such disclosure and to prevent further disclosure.

2.3 The Receiving Party understands and agrees that:

2.3.1 any information known only to a few people to whom it might be of

commercial interest and not generally known to the public is not public knowledge;

2.3.2 a combination of two or more parts of the Confidential Information is not

public knowledge merely because each part is separately available to the public.

2.4 The Receiving Party acknowledges the technical, commercial and strategic value of

the Confidential Information to the Disclosing Party and understands that unauthorized

disclosure of such Confidential Information will be injurious to the Disclosing Party.

3.0 Use of Confidential Information: The Receiving Party is entitled to use the

Confidential Information but only for the Purpose.

4.0 Permitted Disclosure of Confidential Information:

4.1 The Receiving Party may disclose Confidential Information to any of its Affiliates

and employees, in which event the Affiliate and employee shall be entitled to use the

Confidential Information but only to the same extent the Receiving Party is permitted to

do so under this Agreement. The Receiving Party agrees that such Affiliates or employees

are subject to confidentiality obligations no less restrictive than those of this Agreement.

4.2 The Receiving Party shall limit the dissemination of Confidential Information to

its Affiliates and employees having a need to receive such information to carry out the

Purpose.

4.3 The Receiving Party may disclose Confidential Information to its consultants,

contractors, sub-contractors, agents or similar persons and entities having a need to

receive such information to carry out the Purpose on the prior written consent of the

Disclosing Party. In the event that the Disclosing Party gives such consents, the Receiving

Party agrees that such individuals are subject to confidentiality obligations no less

restrictive than those of this Agreement.

4.4 Notwithstanding Clause 2.1, the Receiving Party shall not be prevented from

disclosing Confidential Information, where (i) such disclosure is in response to a valid

order of a court or any other governmental body having jurisdiction over this Agreement

74

or (ii) such disclosure is otherwise required by law, provided that the Receiving Party, to

the extent possible, has first given prior written notice to the Disclosing Party and made

reasonable efforts to protect the Confidential Information in connection with such

disclosure.

5.0 Copying and Return of Furnished Instruments:

5.1 The Receiving Party shall not be entitled to copy samples, models, computer

programs, drawings, documents or other instruments furnished by the Disclosing Party

hereunder and containing Confidential Information, unless and to the extent it is

necessary for the Purpose.

5.2 All samples, models, computer programs, drawings, documents and other

instruments furnished hereunder and containing Confidential Information shall remain

the Disclosing Party’s property.

5.3 At any time upon request from the Disclosing Party or upon the conclusion of the

Purpose or expiry of this Agreement, the Receiving Party, at its own cost, will return or

procure the return, promptly and in any event within 14 days of receipt of such request,

of each and every copy of Confidential Information given by the Disclosing Party, and

satisfy the Disclosing Party that it no longer holds any further Confidential Information.

6.0 Non-Disclosure of Negotiations: Except as provided in Clause 4, each Party agrees

that it will not, without the other Party’s prior written approval, disclose to any third party

the fact that the Parties are discussing the Project. The Parties acknowledge that the

provisions of this Agreement shall apply in respect of the content of any such discussions.

The undertaking set forth in the Clause 7 shall survive the termination of this Agreement.

7.0 Term and Termination:

7.1 This Agreement shall become effective on the Effective Date. The provisions of

this Agreement shall however apply retroactively to any Confidential

Information, which may have been disclosed in connection with discussions and

negotiations regarding the Project prior to the Effective Date.

7.2 This Agreement shall remain in force for five (5) years from the Effective Date,

except to the extent this Agreement is superseded by stipulations of the

Contemplated Agreement.

7.3 The rights and obligations of each Party with respect to all Confidential

Information of the other Party that is received under this Agreement shall remain

in effect for a period of five (5) years from the date of disclosure of Confidential

Information.

8.0 Intellectual Property Rights: All Confidential Information disclosed herein shall remain

the sole property of the Disclosing Party and the Receiving Party shall obtain no right thereto

of any kind by reason of this Agreement.

9.0 Future Agreements: Nothing in this Agreement shall obligate either Party to enter into

any further Agreements.

10.0 Amendments: Any amendment to this Agreement shall be agreed in writing by both

Parties and shall refer to this Agreement.

11.0 Severance: If any term or provision in this Agreement is held to be either illegal or

unenforceable, in whole or in part, under any enactment or rule of law, such term or provision

or part shall to that extent be deemed not to form part of this Agreement, but the validity and

enforceability of the remainder of this Agreement shall not be affected.

12.0 Governing Law: This Agreement shall be governed by and construed in accordance with

the laws of India and in any dispute arising out of or relating to this agreement, the Parties

submit to the exclusive jurisdiction of the Courts situated at Kolkata, India.

13.0 General:

13.1 Upon 45 days written notice, the Disclosing Party may audit the use of the

programs, materials, marketing materials, services, and such additional disclosed resources.

The Receiving Party agrees to co-operate with the Disclosing Party’s audit and to provide

reasonable assistance and access to information.

13.2 The Disclosing Party shall not have any liability to the Receiving Party for any

claims made by third parties arising out of their use of the Disclosing Party’s trademarks

(including “Logo”) or marketing materials. The Receiving Party agrees to indemnify the

Disclosing Party for any loss, liability, damages, cost or expense (including attorney’s fees)

75

arising out of any claims, which may be made against the Disclosing Party arising out of their

use of the Logo or marketing materials where such claim relates to their activities, products

or services. Notwithstanding above, the Receiving Party shall have no obligation to indemnify

the Disclosing Party with respect to a claim of trademark or copyright infringement based

upon their use of the Logo or marketing materials, as expressly permitted under this

Agreement.

13.3 The Receiving Party shall disclose of any similar agreements explicit or

otherwise, for similar purpose/application with in its own organization, or any other third

party.

13.4 In the event of a breach or threatened breach by the Receiving Party of any

provisions of this Agreement, the Disclosing Party, in addition to and not in limitation of any

other rights, remedies or damages available to the Disclosing Party at law or in equity, shall

be entitled to a temporary restraining order / preliminary injunction in order to prevent or to

restrain any such breach by the Receiving Party, or by any or all persons directly or indirectly

acting for, on behalf of, or with the Receiving Party.

IN WITNESS WHEREOF, this Agreement was duly executed on behalf of the Parties

on the day and year first above written.

For and on behalf of For and on behalf of

Coal India Ltd. (Company Name)

Sign : ____________________ Sign : ___________________

Name : Name :

Title : Title :

76

ANNEXURE-VII

LETTER HEAD OF BIDDER (AS ENROLLED ONLINE ON e-PROCUREMENT

PORTAL OF COAL INDIA LTD.)

Letter of Bid

To

The Tender Committee

Material Management div.

Coal India Limited

Sub: Letter of Bid for the work of “Comprehensive Annual Maintenance Contract (CAMC) of

Data Centre equipment and IT Infrastructure of Coal India Ltd., office complex at

Kolkata for a period of 3 years.”

Ref.: 1. Tender No.:

2. Tender Id:

Dear Sir,

This has reference to above referred bid. I/we have read and examined the conditions of

contract, Scope of Work, technical specifications, BOQ and other documents carefully.

I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally

accept the bid conditions and bid documents in its entirety for the above work and agree to abide by and

fulfill all terms and conditions and specifications as contained in the bid document.

I/we here by submit all the documents as required to meet the eligibility criteria as per

provision of the bid notice/document.

I/We hereby confirm that this bid complies with the Bid validity, Bid security and other

documents as required by the Bidding documents.

If any information furnished by me/us towards eligibility criteria of this bid is found to be

incorrect at any time, penal action as deemed fit may be taken against me/us for which I/We shall have

no claim against CIL.

Until a formal agreement is prepared and executed, this bid and your subsequent Letter of

Acceptance/Work Order shall constitute a binding contract between us and Coal India Ltd.

Should this bid be accepted, we agree to furnish Performance Security within 28 days of

issue of letter of acceptance and commence the work within 10 days of issue of letter of acceptance. In

case of our failure to abide by the said provision Coal India Ltd. shall, without prejudice to any other

right or remedy, be at liberty to cancel the letter of acceptance/ award and to forfeit the Earnest Money

and also debar us from participating in future tenders for a minimum period 12 months.

(This document is digitally signed by the DSC holder authorized by the bidder and therefore no

physical signature is required)

77

Annexure-VIII

CONSENT TO ARBITRATION CLAUSE 13 and 13A

(Applicable in case of Partnership firm/JV)

We,…………………………………………………………………………………………………

……………..(Name of Partners of Partnership Firm/JV), partners

of …………………………………………………………………..(Name of Partnership Firm/JV)

hereby consent to abide by the provisions of Clause 13 and 13A of General Terms and Conditions

pertaining to arbitration.

(Name, Signature and Seal of Partners of Partnership Firm/JV)

78

Annexure-IX

Items in BOQ of Equipment at CIL Data Center & IT Infrastructure

S.No. Item Category & Brief Description

Quantity

( No.

Of

Quarters)

a Data Center equipment as per details in "Annexure X" of NIT 12

b Network Component as per details in Annexure X of NIT 12

c Wi-Fi Component as per details in "Annexure X" of NIT 12

d Digital Signage as per details in "Annexure X" of NIT 12

e Video Conference as per details in "Annexure X" of NIT 12

f Audio Conference as per details in "Annexure X" of NIT 12

g IP-PBX System as per details in "Annexure X" of NIT 12

h Passive Components as per details in "Annexure X" of NIT 12

i 24x7 Onsite Technical Support for operation, coordination and

maintenance of above systems as per NIT 12

79

Sr. No.Item Category & Brief

DescriptionMake Model Quantity (in numbers)

Warranty/ AMC

Validity Status

1

Precision Packaged Cooling Unit along

with extended piping kit complete with

check valves, solenoid valves, copper

piping, cables, 56 nos of air and return

air grill.

SchneiderTDAV1021AN011 (6 Nos) &

TDAV0721AN002 (2 Nos)8 Nos

Expired on

28/02/2018

1 Main LT Panel Adlec Adlec 2 Nos Upto May-18

2 Ultility Panel Adlec Adlec 2 Nos Upto May-18

3

175 KVA (N+N) High Efficiency UPS

with Hot Swappable Power and Battery

Modules (Cost of Replacement of

batteries duriung the contract period will

be provided / borned by Coal India Ltd)

Schneider-APC QUPS- QSBA99586-00 2 Nos Upto May-18

4 UPS input and Output Panel Adlec Adlec 2 Nos Upto May-18

5

Distribution Board including surge

arrester for each phase (

for Light DBs Only)

Schneider Schneider 1 Nos Upto May-18

Summary & Brief Description of Equipment ( CIL Data Center & IT Infrastructure) "Annexure X"

A. Data Center Equipment Details in "Annexure-LA"

i. Cooling Unit

ii. Electrical Package & UPS

80

6


arrester for each phase (

for Raw Power DBs Only)


7


arrester for each phase

( for UPS DB other than IT Load)


8Distribution Board for Emg Light,

Power sockets: 8 Way TPNSchneider Schneider 1 Nos Upto May-18

9 UPS Output Panel / PDU Schneider- APC PDPM 277H 2 Nos Upto May-18

10

Transformers ( Rating 160 KVA K13

Isolation transformer, 3- Phase and 50

Hz Frequency )

ELMAS ELMAS 2 Sets Upto May-18

1

Access Control System considering

Biometric (Server room entry) and

Proximity Controller (Other Entries)

including 2 Nos- Biometric Reader,

08 Smart Card Reader,

08 Double leaf Magnetic Lock,

16 Magnetic contact, 08

Break Glass Unit

Honeywell

(OES)

Honeywell

(OES)1 Set Upto May-18

iii. IBMS

81

2

Fire Detection System considering

Addressable Photo electric type smoke

detector with blinking LED,

Microprosessor panel, including 18 Nos

Fire Extinguser ( 14Nos CO2-3KG & 4

Nos ABC-2KG) , 3 Nos Access Contol

Panel, 06 Nos Exit Push Button,

3 Nos Powe Point.

Honeywell

(OES)

Honeywell

(OES)1 Set Upto May-18

3

Novec 1230 ( 4 nos cylinders) based

Fire Suppression System along with

VESDA for Server Room Battery Room

and UPS cum Electrical room including

control panel, actuators, cylinder

manifolds, supervisory switch, piping,

fitting and all other accessories except

fluid, Cylinders

(3 NosAspiration Panel,

14 Nos Sampling Point True ceiling,

14 Nos False Ceiling ,

2 Nos Hooter )

Nitin 1230 Nitin 1230 1 Set Upto May-18

4

CCTV System considering DVM for 15

days recording storage including 10 Nos

fixed Dome camera, 1

PTZ Camera.

Honeywell Dome ( HIDC_P_1100EV),

PTZ ( HISD-0371WE)1 Set Upto May-18

5

TCP/IP Based Building Management

System

including 1 Nos DDC Controller,

3 Nos two port terminal server, 01 PC

with 17" Monitor.

Honeywell Honeywell 1 Set Upto May-18

82

6

Water leak detection system and Rodent

Repellent System

including 01 Nos Sounder, 04 Nos

Interface JB.

Le One Le One 1 Set Upto May-18

7

Public Announcement System including

23 Ceiling Speakers, 01 Call Station

keypad, 01 Panel Amplifeir

BOSCH BOSCH 1 Set Upto May-18

1

L2 SWITCHES

(L2 Managed Switch With 24-port

10/100/1000BASE-T PoE+ switch with

4 SFP+ 10G slots and 2 fixed power

supplies as well loaded with Min 2 Nos

10G SR MM module with transceiver.)

AVAYA 4826GTS-SW54 57 Nos

Upto May-18

(Please refer "Note:

"D" at the bottom of

the Summary &

Brief Description of

Equipment.

2

Core Switch

( Gigabit Layer 3 Managed

Advanced Modular L3 Switch with 8

slots , 1+1 RPS Power supply, Stacking

Module and Cable, min 12 Nos SR 10G

MM Module with transceiver and 24

Port Giga Copper port included)

AVAYA 8010 CMHS 2Nos Upto June-18

3 Open platform NMS (Software) HP Network Node Manager i 1 Nos

CAMC of this item not

in the scope of the NIT.

IMP: Please refer

"Note: "C" at the

bottom of the

Summary & Brief

Description of

Equipment.

4

Server for NMS

(Windows Server 2008 R2 Standard 64-

bit, Processor: Intel Xeon CPU E3-

[email protected] GHz, Installed memory

(RAM) : 4GB , HDD: 2 Tb )

Lenovo- Think Server-

TS140

( Tower type)

00721H 1 No. Upto May-19

B. Network Componets Details in "Annexure-LB"

83

517" TFT flat panel colour monitor for IP

KVMAten CL1000M 1 Nos Upto June-18

6 IP KVM switch

(8 Port PS/2-USB KVM on the NET)

Aten- Master ViewTM

MaxCS1708i 1 Nos Upto June-18

1

WLAN Controller

(WLAN Controller inbuilt with 2 Nos

of 1G ports for uplinks.)

AVAYA 8100(AVAYA) 2Nos Upto June-18

2

WiFi APs

(WLAN UltraThin AP, 2 Radios

802.11abgn, Internal Ant., FE,802.3af

PoE enabled)

AVAYA WLAN AP 8120 57 Nos Upto June-18

3

Desktop System


bit, Service Pack 1, Processor: Intel R

Xeon R [email protected] GHz,

Installed memory (RAM) :

4GB , HDD: 1 Tb )

HP HP 1 Nos Upto June-18

4

Server


bit, Processor: Intel Xeon CPU E3-

[email protected] GHz, Installed memory

(RAM) : 4GB , HDD: 2 Tb )

Lenovo- Think Server-

TS140

( Tower type)

00721H 1 No Upto May-19

C. Wi-Fi Component Details in "Annexure-LC"

D. Digital Signage System Details in "Annexure-LD"

84

1

Digital Signage :

a) Desktop System including

keyboard, Mouse, 17" Monitor

( Windows 7 Ultimate, 64-bit, Service

Pack 1, Processor: Intel i5-3470 CPU

@ 3.20 GHz Installed Memory (RAM) :

4GB, HDD: 256 GB )

b) Software- STP-02 Niche Streme

Manager

HP HP-Proliant ML10 1 Nos Upto May-18

2

Live Streaming Desktop System

( Windows 7 professional, 64-bit,

Service Pack 1, Processor: Intel i7-

CPUES2609@ 2.50 GHz Installed

Memory (RAM) : 6GB,

HDD: 500 GB )

SuperMicro SuperMicro 1 Nos Upto May-18

3

Signage Media Player

(encoder/ Windows Embedded)

including software and accessories

Samsung / Streme Player SyncMaster WS-STAND 42 Nos Upto May-18

4 LCD Display for Signage Samsung MD 40B, MD 46B & MD 55B

42 Nos

(4 Nos 55", 2 Nos 46" and 36 Nos

40")

Upto May-18

E. Video Conference System Details in "Annexure-LE"

85

1

Radvision MCU

(Support 40 sites with HD 720p @ 30

FPS and having two dedicated

10/100/1000 Mbps Ethernet interface

for diverse IP Communication, and

supporting Live Video Resolution- CIF

upto 1080p, Video Codecs:

H.261.H.263,H.263+,H.263++,H.264.

& interoperate with multiple vendors

endpoints) -- including Scopia

pathFinder & Single PRI Gateway,

Digital Video Recording software and

Video Conferencing Manager software.

AVAYA

a) MCU- ScopiaElite 6000.

b) PathFinder & PRI Gateway-

Radvision 1 Set

CAMC of this item

not in the scope of

the NIT.

IMP: Please refer

"Note: B" at the

bottom of the

Summary & Brief

Description of

Equipment.

2 DESKTOP VC including Remote. Radvision Scopia XT executive 240 36 Sets Upto May-18

3

Servers (with RPS)

(Windows Server 2008 R2 Enterprise

64-bit, Installed memory (RAM) : 8GB

, HDD: 3Nos of 7.2K/SAS 1 TB)

HP HPE DL60 Gen 9 4LFF CTO 2 Sets upto 27/11/2020

455" LCD Display for VC with remote &

accessories LG / Samsung

55 WI30 (LG) ,

MD 55B (Samsung)24 Nos (20 nos LG & 4nos Samsung) Upto May-18

5

VC end points having

a) Codec

b) Camera

along with Mic, remote and related

accessories

AVAYA

a) Codec- Radvision /XT5000.

b) Camera- Radvision/EVI-

HD7V12 Sets Upto May-18

F. Audio Conference Details in "Annexure-LF"

86

1

Wireless Touch Pannel Controller

with Processor

( Processing Speed: 257 MIPS, On-

board Memory: 36MB,

INPUT/OUTPUT: (8) programmable

digital/analog input and digital outputs;

IR ports: 8 programmable simultaneous

outputs/oneway RS232, Ethernet: RJ45

for 10/100 BaseT, Computer Port:

RS232 for console use. LED Indicators).

Crestron CP2E C 17 Pack + STI 1700C 2-Set Upto May-18

2

DVD / CD Recorder ( having recording

on CD/DVD R/RW and flash drive

media with 220-240V AC single phase

power supply.

Panasonic DMR EH 69 4 -Set Upto May-18

3

Video / Data Projector

( Laser and LED hybrid technology

Projector, 1 with Iris Contrast ratio and

16:9, 4:3 Aspect Ratio containing Full

color(16.7 million) with Ceiling

mounting Kit & 120" Motorised screen.

NEC & CasioM 361 XG (NEC) & XJ-H1700

(CISCO)

5 Nos ( 3 nos NEC Make & 2 nos Casio

Make )

and

5 Nos Motorised Screen 120"

Upto May-18

4

Wirless Handheld Microphone

( with trans-receiver of automatically

selectable channels, LCD in receiver,

40 mw ( Typical ) RF trasmitter output,

220-240AC/DC adapter operated

receiver / controller.

ShureSLX -24/SM-58

& SVX288/PG58

5 Nos- (SLX -24/SM-58) &

2 Nos- (SVX288/PG58)

(Total = 7 Set)

Upto May-18

5

Wireless clip-on lavalier

( with transreceiver of automatically

selectable channels, LCD in receiver,

battery operated , 220240AC/DC

adapter operated receiver / controller.

ShureSLX-14/93 &

SVX14/PG185

4 Nos -( SLX-14/93) &

2 Nos- (SVX14/PG185)

(Total= 6 Set)

Upto May-18

87

6

Feedback reducer

( 2 nos. input & 2 nos. output which

compatible with power amplifier and

audio mixer.

Shure DFR22 5-Set Upto May-18

7 Power Amplifier Crown XLS 1000 5-Set Upto May-18

8

Audio Digital Mixer

( 26 nos. of channel with fast acting,

noise free mice selection, with 220-

240V AC single phase power supply)

Biamp Nexia CS 10 Nos Upto May-18

9

Ceiling Speakers

( two−way co−axial 8Ω speaker 6.5”

polypropylene cone, mounted in the

ceiling.

Tannoy CVS 4 Micro 20 Nos Upto May-18

10

Table embeeded Microphone

( with Elect ret Condenser element,

Cardioid Polar Pattern, 150 Ohm +/-

10% Impedance.

Shure MX 395 36Nos Upto May-18

11

Computer Graphics Video & Stereo

Audio Distribution Amplifier

(High Bandwidth - 400MHz (−3dB).

HDTV Compatible. Input and Output

Audio Level Control. Flexible Control

Options - Front panel, RS−485, RS−232

, Ethernet, iPhone App & IR remote

(included).Power Supply - 100−240V

AC.

Kramer VP- 411Ds & VP- 4x4K 5 -Set Upto May-18

12

457mm Gooseneck Microphone

( With Elect ret Condensor element,

Cardioid plor Pattern with push to talk

button)

Shure MX418D/C 39 Nos

Vaildity of 19 Nos

will be upto Nov-18

and 20 Nos upto

March-19

88

13

Wireless handheld microphone with

trans-receiver

( UHF wireless with minimum operating

range of 200 feet, LCD in receiver,

transmitter having mute/on-off/seclect

button)

Shure SLX-24 / SM-58 2 -Set Upto Nov-18

14

Network Programmable DSP Systems

(with 12 Analog Inputs, 8 Analog

Outputs, 12 Channels of AEC

Processing with auto Gain Control and

Noise Cancellation, Input Impedance

3.0 kΩ)

BLU 101 4 -Set

Validity of 2 Sets

will be upto Nov-18

and 2 sets upto

March-19

15

Multi Channel Amplifier

(with 8 Channels, Sensitivity 1.4 V,

rated Power Output 75W per CH @ 4 Ω

)

Crown CT 875 1-Set Upto Nov-18

16

Power Amplifier

(Rated output 240 W power

Consumption 238 W ( EN60065), 520

W (AC operation at rated output)

TOA A2240 1 Nos Upto March -19

17 4" Coaxial In-Ceiling Loudspeaker Tannoy CVS4 8 Nos Upto March -19

18High Output indoor Background

LoudspeakerJBL Control 25T 8 Nos Upto Nov-18

EM 200 8 Nos

G430 5 Nos

IP-PBX system complete with software, standard features consisting of:

1 Nos

Card

( Trunks Analog, PRI, BRI,

T1/E1/E1R2 )

Avaya1

IP Office2 Avaya Upto May-18

Upto May-18

500VZ

G. IP-PBX System Details in "Annexure-LG"

89

3 Analog Telephone Aastra 7147a 500 Nos Upto May-18

4

L2 Switch

(DGS-1210-28, 28-port Gigabit Web

Smart Switch)

D-Link DGS-1210-28 2 Nos Upto May-18

5

Servers ( 2-Port auto-sensing

10/100/1000 Mbps LAN Switch- With

Linux Operating System)

HP HP Proliant DL 360G7 2 Nos Upto June -18

Sr No Make/Model

1 Emerson

2 Emerson

3 Schneider- Actassi







10 (2+2+6)

2

16

14

82

82

H. Passive Components

Quantity (in numbers)

Unloaded CAT 6 Patch Panels for accommodating 24 port

termination for Data.

12 Port LC type 19" Rack Mount Fibre Sliding Enclosure 1U size

loaded.


fully loaded.

18 (9+9)


fully loaded

139 (41 + 41+57)

18 (9+9)

Item Category & Brief Description

Server Racks with 600mm (W) X 1200mm (D) X 1991mm (H).

Network Racks with 750mm (W) X 1200mm (D) X 1991mm (H).

CAT 6 information outlets non PCB pyramid type for LAN TV

points.

CAT 6 information outlets non PCB pyramid type for Patch

Panels.

Keystone Duplex Face Plates.

90


111 no. Schneider- Actassi & 1 no.

Valrack












480

817

102

65

87

2 (1+1)

48 (36 + 12)

114

114

400

995

1,658

Heavy duty 42Ux600x1000 Integrated Server Rack Frame.

3 Gangs ( Gangs Comprising of VGA + Mini Audio; RCA + S-

Video USB + HDMI)

RJ45 CAT6 information outlets for APs.

RJ45 CAT6 information outlets for Loading the patch panels.

RJ45 CAT6 information outlets for Data.

Dual RJ-45 CAT6 information outlets in a duplex adjustable

outlet jack, deskmount Faceplates for data all user tables.

CAT 3/RJ 11 information outlets for voice all user tables.

Keystone Singlex Face Plates.

Keystone Duplex Face Plates for voice all user tables.

Metal Enclosure (Pop-up Box) consisting 3 Nos of RJ45 cat6

outlets.

6U Racks with all accessories ( cable manager, fans,PDU etc)

Cat 6 patch panels for accommodating 24 port termination for

data.

Cat 6 Un-Shielded Patch Panels for accommodating 24 port

termination for Access Rack to Distribution Rack Connectivity.

80

91



25 Valrack




"Annexure-LA"

108

48

A. Data Center Equipmenets Details in Annexure-LA

Note: A) The above descriptions of equipments are indicative only. Bidders has to verify, inspect the entire equipment and installation on their own cost, risk without

interfering the operation of the system. Any accessories, modules installed with any system but not indicated herewith has to be covered under the CAMC. The

detailed model nos and serial nos of each component mentioned in Annexures are also indicative only. The successful bidder shall verify the details and prepare a final

list of all items/equipments mentioned in the summary list and installed in CIL network in presence of CIL representative for CAMC / backend support from

respective OEMs. Any mismatch of make, model and serial no of any equipment mentioned in the NIT with actual physically available has to be correctly

documented by the successful bidder for maintaing the SLA of the NIT.

B) Warranty coverage/Maintenance for 1. Radvision MCU (including Scopia pathFinder & Single PRI Gateway), 2. Digital Video Recording Software and 3. Video

Conferencing Manager Software will not be under the scope of this CAMC, however, the bidder will be responsible for the operation, configuration, fault finding and

diagnosis, monitoring, etc. which may be required for the functioning of the video conferencing system as and when required by CIL. Since the indicated systems will

remain under warranty with the OEM directly through CIL, Liaisoning with the OEM related to this warranty will be responsibility of the bidder.

C) Warranty coverage/Maintenance for 1. NMS (Software) will not be under the scope of this CAMC, however, the bidder will be responsible for the operation,

configuration, fault finding and diagnosis, monitoring, etc. which may be required for the functioning of the NMS. Since the indicated systems will remain under

warranty with the OEM directly through CIL, Liaisoning with the OEM related to this warranty will be responsibility of the bidder.

D) OEM offer lifetime hardware warranty for Avaya L2 Routing Switch 4826GTS,, however the bidder shall check and ascertain the same as per the OEM's terms

& conditions to meet the NIT SLA requirment and offer their price accordingly.

24 Port LC type 19" Rack Mount Fibre Sliding Enclosure 1U size-

Support LC type sliding upto 48 Fiber Core)

48 Port LC type 19" Rack Mount Fibre Sliding Enclosure 1U size.

2

50

i. Cooling Unit Details

110 Connector System Consisting 110Kit (Crone Block).

110 Connector System Consisting 110Kit- Main 110 Voice Cross-

Connectivity-EPABX slide (Crone Block).

600mmW X 800mmD-42U ( CRCA Steel Frame with

Alumunium) Rack

1U Horizontal cable Manager

39

6

92

Sr. No. Item Category Make Model Sl. No.

1 Precision Packaged Cooling Unit Schneider TDAV1021AN011 ZK1447007770








Sr. No. Item Category Make Model Sl. No. (if available)

1 Main LT Panel Adlec Adleci) E/201-1/4091

ii) E/201-2/4091

2 Ultility Panel Adlec Adleci) E/202-1/4091

ii) E/202-2/4091

3

175 KVA (N+N) High Efficiency UPS

with Hot Swappable Power and Battery

Modules

Schneider-APC QSBA99586-00i) QD1443120905

ii) QD1443120906

ii. Electrical Package & UPS Details

93

4 UPS input and Output Panel Adlec Adlec NA

5



( for Light DBs Only)

Schneider Schneider NA

6



( for Raw Power DBs Only)


7



( for UPS DB other than IT Load)


8Distribution Board for Emg Light,

Power sockets: 8 Way TPNSchneider Schneider NA

9 UPS Output Panel / PDU Schneider- APC PDPM 277Hi) P11435160025

ii) P11435160030

10 Transformers ELMAS ELMASi) 01/4514,01

ii) 02/4514,01


1

Access Control System considering

Biometric (Server room entry) and

Proximity Controller (Other Entries)

Honeywell Honeywell NA

2

Fire Detection System considering

Addressable Photo electric type smoke

detector with blinking LED,

Microprosessor panel, including 18 Nos

Fire Extinguser.

Honeywell Honeywell NA

iii. IBMS Details

94

3Novec 1230 based Fire Suppression

SystemNitin 1230 Nitin 1230 NA

4CCTV System considering DVM for 15

days recording storageHoneywell

Dome ( HIDC_P_1100EV), PTZ

( HISD-0371WE)Dome (NA), (PTZ S/N- 15081002304 )

5TCP/IP Based Building Management

SystemHoneywell Honeywell NA

6Water leak detection system and Rodent

Repellent SystemLeOne LeOne i) 18211

7 Public Announcement System BOSCH BOSCH i) 405032530800459192

"Annexure-LB"


1 L2 Switch AVAYA 4826GTS-SW54 13JP245H80GW

2 L2 Switch AVAYA 4826GTS-SW54 13JP276H80F2

3 L2 Switch AVAYA 4826GTS-SW54 13JP252H805F

4 L2 Switch AVAYA 4826GTS-SW54 13JP245H80MT

5 L2 Switch AVAYA 4826GTS-SW54 13JP252H809N

6 L2 Switch AVAYA 4826GTS-SW54 13JP196H807T

7 L2 Switch AVAYA 4826GTS-SW54 13JP252H8065

8 L2 Switch AVAYA 4826GTS-SW54 13JP245H80JJ

9 L2 Switch AVAYA 4826GTS-SW54 13JP233H805C

10 L2 Switch AVAYA 4826GTS-SW54 13JP276H802R

11 L2 Switch AVAYA 4826GTS-SW54 13JP276H802G

12 L2 Switch AVAYA 4826GTS-SW54 13JP276H803J


14 L2 Switch AVAYA 4826GTS-SW54 13JP245H80JP

15 L2 Switch AVAYA 4826GTS-SW54 13JP276H803D

16 L2 Switch AVAYA 4826GTS-SW54 13JP196H807V


18 L2 Switch AVAYA 4826GTS-SW54 13JP196H808V

19 L2 Switch AVAYA 4826GTS-SW54 13JP245H80H4

B. Network Component

95

20 L2 Switch AVAYA 4826GTS-SW54 13JP245H80M0


22 L2 Switch AVAYA 4826GTS-SW54 13JP276H809X




27 L2 Switch AVAYA 4826GTS-SW54 13JP245H80YL



30 L2 Switch AVAYA 4826GTS-SW54 13JP276H802M

31 L2 Switch AVAYA 4826GTS-SW54 13JP245H80M7

32 L2 Switch AVAYA 4826GTS-SW54 13JP276H809T


34 L2 Switch AVAYA 4826GTS-SW54 13JP252H806L



37 L2 Switch AVAYA 4826GTS-SW54 13JP245H80K6

38 L2 Switch AVAYA 4826GTS-SW54 13JP245H80JM



41 L2 Switch AVAYA 4826GTS-SW54 13JP245H805X


43 L2 Switch AVAYA 4826GTS-SW54 13JP276H80FD

44 L2 Switch AVAYA 4826GTS-SW54 13JP252H802P


46 L2 Switch AVAYA 4826GTS-SW54 13JP276H804K




50 L2 Switch AVAYA 4826GTS-SW54 14JP333H80J5

51 L2 Switch AVAYA 4826GTS-SW54 13JP245H80J3


53 L2 Switch AVAYA 4826GTS-SW54 15JP252H80CV



56 L2 Switch AVAYA 4826GTS-SW54 15JP252H80VE

57 L2 Switch AVAYA 4826GTS-SW54 17JP1800D019


96

1 Core Switch 1 AVAYA Ethernet Routing Switch

8010CMHSSSPNDV09BJ

2 Core Switch 2 AVAYAEthernet Routing Switch

8010CMHSSSPNDV09F8


1 open platform NMS software HP Network Node Manager i NA


1 Server for NMS Lenovo- Think Server-

TS14000721H PC0B2J0M


1 KVM-LCD Console Aten CL1000M R8D1C002C6F0031

2 IP KVM switch Aten- Master ViewTM

MaxCS1708i Z3C7N008DE60118

"Annexure- LC"


1 Controllar WLAN 1 AVAYAEthernet Routing Switch -

8100 (AVAYA)LBNNTMJPWB0188

2 Controllar WLAN 2 AVAYAEthernet Routing Switch -

8100 (AVAYA)LBNNTMJPWB01FX

3 Wifi APs (57 Nos) AVAYA WLAN AP 8120 NA

4 DHCP Desktop System

HP HP 5C7335P5BC

5 ServerLenovo- Think Server-

TS14000721H PC0B2J0L

C. Wi-Fi Component

97

"Annexure-LD"


1

Digital Signage :

Desktop System including keyboard,

Mouse, 17" Monitor (Software- STP-

02 Niche Streme Manager)

HP HP-Proliant ML10 INA335W1MQ

2 Live Streaming Desktop Server SuperMicro SuperMicro NA


1 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700039W

2 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700031H

3 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700007R

4 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700649P

5 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700809V

6 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700083A

7 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700755H

8 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700630Z

9 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700045L

10 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700643Z

11 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700050V

12 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700737M

13 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700552N

14 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700281Y

15 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700624F

16 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700002P

D. Digital Signage

98

17 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700047N

18 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700027B

19 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700019D

20 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700542A

21 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700739P


23 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700502X

24 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD70008V

25 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700517L

26 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700824T


28 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700047E


30 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700044H

31 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700036B

32 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700800E

33 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700032T




37 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700005K

38 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700022J

39 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTQD700037A


41 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700642N

42 Signage Media Player (encoder) Samsung SyncMaster WS-STAND ZWY5HTRD700039

99


140" Professional LED Newtwork

MonitorSamsung MD40B ZWG6HMGD900304



































100






































MonitorSamsung MD 46B ZWGWHMKDA00056

101


MonitorSamsung MD 46B ZWGWHMKDA00096


MonitorSamsung MD 55B ZWGAH3DD400313


MonitorSamsung MD 55B ZWGAH3BD600503





"Annexure-LE"


1

Radvision MCU including Scopia

pathFinder & Single PRI Gateway,

Digital video recording software,

Video Conferencing Manager

Software

AVAYA

a) MCU- ScopiaElite 6000.

b) PathFinder & PRI Gateway-

Radvision

i) MCU S/N- 613092

ii) Scopia pathFinder

S/N- RAD13021005

iii) Single PRI Gateway

S/N- 1303080025

2 Servers (2 Nos) HP HPE DL60 Gen 9 4LFF CTOi) SGH752V8SW

ii) SGH752V8SX


1 DESKTOP VC Radvision Scopia XT executive 240 1331280252







E. Video Conference

102



























103





1 VC_Codec AVAYA Radvision /XT5000 1309281111













1 VC_Camera AVAYA Radvision/EVI-HD7V HD7VB1055937









104





1 VC_Display_Unit_55" LG 55 WI30 403KCBD0B925

2 VC_Display_Unit_55" LG 55 WI30 403KCFTOB923

3 VC_Display_Unit_55" LG 55 WI30 403KCJZ0B924

4 VC_Display_Unit_55" LG 55 WI30 403KCMROB915

5 VC_Display_Unit_55" LG 55 WI30 403KCQXOB908

6 VC_Display_Unit_55" LG 55 WI30 403KCRNOB926

7 VC_Display_Unit_55" LG 55 WI30 403KCVUOB927

8 VC_Display_Unit_55" LG 55 WI30 403KCWOB921

9 VC_Display_Unit_55" LG 55 WI30 403KCX0B922

10 VC_Display_Unit_55" LG 55 WI30 403KCZPOB909

11 VC_Display_Unit_55" LG 55 WI30 4056T167ATRICH










21 VC_Display_Unit_55" Samsung MD 55B OAFQHMNF900038


105



"Annexure-LF"

Sr. No. Item Category Make Model Sl. No. ( if available)

1Wireless touch pannel controler

with processorCrestron CP2EC17 Pack + STI 1700C

i) Processor Sl no- 9878522

ii) Touch Pannel Sl no- 10683331

2Wireless touch pannel controler

with processorCrestron CP2EC17 Pack + STI 1700C

i) Processor Sl no- 7170671

ii) Touch Pannel Sl no- 9703124

3 DVD / CD Recorder Panasonic DMR EH 69 VN3KC001027



6 DVD / CD Recorder Panasonic DMR EH 69 VN4GC001069

7 Video / Data Projector NEC M 361 XG 011508422Z40259UA



10 Video / Data Projector Casio XJ-H1700 A938BBAF342030931

11 Video / Data Projector Casio XJ-H1700 A938CDAE43-026770

12 Wireless Handheld Microphone Shure5 Nos- SLX -24/SM-58

& 2 Nos- SVX288/PG58

i) 3MB2871518

ii) 3MB2868911

iii) 3MB2868916

iv) 3QE1056518

v) 3MB2868917

vi) 3NF1632932-01

vii) 3MD2354104-01

F. Audio Conference

106

13 Wireless clip-on lavalier Shure4 Nos- SLX-14/93

& 2 Nos- SVX14/PG185

i) 3LK1463319

ii)3LH2296606

iii) 3LK2581334

iv) 3LK2996203

v)3NF1632928

vi) 3NF1632934

14 Feedback reduce Shure DFR22

i) 130752819

ii) 13752811

iii) 130752830

iv) 130752831

v) 00134163287

15 Power Amplifier Crown XLS 1000

i) 8500753527

ii) 8500757664

iii) 8500765014

iv) 8500765453

v) 8500932501

16 Audio Digital Mixer Biamp Nexia CS

i) 2195631, 2189976

ii) 2233444, 2245975

iii) 2245969, 2243658

iv) 2245972, 2243614

v) 2339404, 2366767

CVS 4 MicroTannoyCeiling Speakers17

i) 80014960080818806030

ii) 80014960080818806031

iii) 80014960080818806020

iv) 80014960080818806021

v) 80014960121117830362

vi) 80014960121117830363

vii) 80014960121117830382

viii) 80014960121117830383

ix) 80014960121117830368

x) 80014960121117830369

xi) 80014960080814805392

xii) 80014960080814805392

xiii) 80014960121117829696

xiv) 80014960121117829695

xv) 80014960121117829694

xvi) 80014960121117829697

xvii) 8001496121117829740

xviii) 80014960121117829741

xix) 80014960121117829716

xx) 80014960121117829717

107

18 Table embeeded Microphone Shure MX 395 NA

19Computer Graphics Video & Stereo

Audio Distribution Amplifier Kramer VP- 411Ds & VP- 4x4K

i) 3130040000151

ii) 04131066100159

iii) 03130040000142

iv) 07130957900023

v) 02140830500053

20 457mm Gooseneck Microphone Shure MX418D/C NA

21Wireless handheld microphone with

trans-receiver Shure SLX-24 / SM-58 NA

22 Network Programmable DSP Systems BLU 101 NA

23 Multi Channel Amplifier Crown CT 875 NA

24 Power Amplifier TOA A2240 16F1100081

CVS 4 MicroTannoyCeiling Speakers17

i) 80014960080818806030

ii) 80014960080818806031

iii) 80014960080818806020

iv) 80014960080818806021

v) 80014960121117830362

vi) 80014960121117830363

vii) 80014960121117830382

viii) 80014960121117830383

ix) 80014960121117830368

x) 80014960121117830369

xi) 80014960080814805392

xii) 80014960080814805392

xiii) 80014960121117829696

xiv) 80014960121117829695

xv) 80014960121117829694

xvi) 80014960121117829697

xvii) 8001496121117829740

xviii) 80014960121117829741

xix) 80014960121117829716

xx) 80014960121117829717

108

25 4" Coaxial In-Ceiling Loudspeaker Tannoy CVS4

i) S170910073BSH

ii) S170910074BSH

iii) S170909479BSH

iv) S170909480BSH

v) S170910075BSH

vi) S170910076BSH

vii) S170910091BSH

viii) S170910092BSH

26High Output indoor Background

LoudspeakerJBL Control 25T NA

"Annexure-LG"

Sr. No. Item Category Make Model Sl. No. ( if available)

EM 200 NA

G430 NA

3 Analog Telephone Aastra 7147a NA

4L2 Switch

(DGS-1210-28, 28-port Gigabit Web

Smart Switch)

D-Link DGS-1210-28i) S30Q1G4001062

ii)S30Q1G4001085

5 Server (2Nos) HP HP Proliant DL 360G7i) USE 333 BSTD

ii) USE 333 BSTJ

2 13WZ356000CP

Cards Avaya

IP Office Avaya 500VZ

1

G. IP-PBX System

109

Annexure-XI

***PROFORMA FOR UNDERTAKING***

(To be uploaded by the bidder on its Letter Head during submission of bid online)

I/We hereby declare that I/We will execute back to back agreement/purchase order (if work is awarded

to our firm) for the OEMs as mentioned at Clause 15, S.No7 of NIT, directly with OEM or through

OEMs authorized channel partners for back to back support to maintain the SLA of the NIT, including

spares, patches for the mentioned equipment for 3 years (entire contract period) from date of

commencement of the contract and submit the same within 28 days of issue of Work order/ Letter of

Acceptance by CIL or within the date mentioned in the Work order/ Letter of Acceptance.

Signature of the bidder / Authorized Signatory

Digitally signed by ANIL KUMAR SINGHDate: 2018.10.11 11:32:20 ISTLocation: Coal India Limited

Signature Not Verified

eProcurement System of Coal India Limited

Bid Acknowledgement

Print

Date : 18-Apr-2020 11:17 AM

Bid Acknowledgement

Organisation Chain : Coal India Limited||Coal India Limited,HQ,Kolkata||CIL-HQ-Telecom Department

Tender Ref No. : CIL/C2D/CAMC Data Centre/18-19/327

Tender ID : 2018_CILHQ_117214_1

Tender Title : Comprehensive Annual Maintenance Contract

Bid Start Date & Time : 26-Oct-2018 11:00 AM

Bid End Date & Time : 12-Nov-2018 05:00 PM

Bid ID : 347358

Bidder Name : Wizertech Informatics Pvt. Ltd.

Bid Submitted Date & Time : 12-Nov-2018 04:00 PM

Bidder IP Address: 42.110.144.143

ThanksTender Inviting Authority

Government eProcurement System https://gepnicreports.gov.in/eprocreports/tenderManagementpopup.html

1 of 1 18-04-2020, 11:18

Scanned by CamScanner

WIZERTECH INFORMATICS PVT. LTD.

Unit - 904, Ecostation, Plot - 7, Block - BP, Sector-V, Salt Lake City, Kolkata – 700 091 Ph. No.033-23676555

CIN No. : U72200WB2004PTC099010

ANNEXURE-VII

Letter of Bid (LOB)

To

The Tender Committee

Material Management div.

Coal India Limited

Sub: Letter of Bid for the work of “Comprehensive Annual Maintenance Contract (CAMC) of Data Centre equipment

and IT Infrastructure of Coal India Ltd., office complex at Kolkata for a period of 3 years.”

Ref.: 1. Tender No.: CIL/C2D/CAMC Data Centre/18-19/327

2. Tender Id:

Dear Sir,

This has reference to above referred bid. I/we have read and examined the conditions of contract, Scope of Work,

technical specifications, BOQ and other documents carefully.

I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally accept the bid conditions and

bid documents in its entirety for the above work and agree to abide by and fulfil all terms and conditions and

specifications as contained in the bid document.

I/we here by submit all the documents as required to meet the eligibility criteria as per provision of the bid

notice/document.

I/We hereby confirm that this bid complies with the Bid validity, Bid security and other documents as required by the

Bidding documents.

If any information furnished by me/us towards eligibility criteria of this bid is found to be incorrect at any time, penal

action as deemed fit may be taken against me/us for which I/We shall have no claim against CIL.

Until a formal agreement is prepared and executed, this bid and your subsequent Letter of Acceptance/Work Order shall

constitute a binding contract between us and Coal India Ltd.

Should this bid be accepted, we agree to furnish Performance Security within 28 days of issue of letter of acceptance

and commence the work within 10 days of issue of letter of acceptance. In case of our failure to abide by the said

provision Coal India Ltd. shall, without prejudice to any other right or remedy, be at liberty to cancel the letter of

acceptance/ award and to forfeit the Earnest Money and also debar us from participating in future tenders for a

minimum period 12 months.

EType of Enterprise Micro Small Medium

Manufacturing A B C

Services D E F

UAN WB14E0005702

Udyog Aadhaar Memorandum

1. Aadhaar Number 728254315286

2 Name of Entrepreneur SURESH PRASAD MISHRA

3 Social Category GENERAL

4 Name of EnterpriseWIZERTECH INFORMATICS PVT LTD[SPECIALIZED IN RESELLER, SYSTEM INTEGRATOR &

SERVICE PROVIDER OF IT HARDWARE, SOFTWARE, BACKUP SOFTWARE ETC.)

5 Type of Organization PRIVATE LIMITED COMPANY

6

Postal Address UNIT NO 904, ECO STATION, PLOT7, BLOCKBP, SECTORV, SALTLAKE

District N. 24- PRAGANAS State WEST BENGAL PIN 700091

Mobile No: 9831012321 Email: [email protected]

7 Date of commencement 01/07/2004

8 Previous Registration details-if any :: WB14B0004725

9

Bank DetailsIFS Code UTIB0000011

Bank Account: 011010200012342

10 Major Activity SERVICES

11

SN NIC 2 Digit NIC 4 Digit NIC 5 Digit CodeActivity

Type

1Computer programming, consultancy

and related activitiesComputer programming activities Providing software support and maintenance to the clients Services


and related activitiesComputer programming activities

Writing , modifying, testing of computer program to meet the needs

of a particular client excluding web-page designingServices


and related activitiesComputer programming activities Web-page designing Services


and related activities

Computer consultancy and computer

facilities management activitiesComputer consultancy and computer facilities management activities Services



Other information technology and

computer service activitiesSoftware installation Services




computer service activitiesComputer disaster recovery Services




computer service activitiesOther information technology and computer service activities n.e.c Services

8 Information service activitiesData processing, hosting and related

activitiesOther data processing, hosting and related activities n.e.c. Services


activitiesProviding general time-share mainframe facilities to clients Services


activitiesProviding data entry services Services

12 Persons employed 100

13 Investment (Plant & Machinery / Equipment’s) 50(Rs. In Lakhs)

14 District Industry Centre N. 24- PRAGANAS

Declaration

I hereby declare that information given above is true to the best of my knowledge. Any information, that may be required to be verified, shall be provided immediately

before the concerned authority.

MyMsme Mobile App (Beta Version) is available now for download. https://play.google.com/store/apps/details?id=msme.mymsme

Click here for Udyog Aadhaar Acknowledgement

http://udyogaadhaar.gov.in/UA/PrintApplication.aspx

1 of 1 9/10/2016 5:17 PM

EType of Enterprise Micro Small Medium

Manufacturing A B C

Services D E F

UAN WB14E0005702

Udyog Aadhaar Acknowledgement

Udyog Aadhaar Number WB14E0005702

Name of EnterpriseWIZERTECH INFORMATICS PVT LTD[SPECIALIZED IN RESELLER, SYSTEM INTEGRATOR & SERVICE

PROVIDER OF IT HARDWARE, SOFTWARE, BACKUP SOFTWARE ETC.)

Postal Address UNIT NO 904, ECO STATION, PLOT7, BLOCKBP, SECTORV, SALTLAKE

District N. 24- PRAGANAS State WEST BENGAL PIN

Mobile No: 9831012321 Email: [email protected]

Date of commencement 01/07/2004

Previous Registration details-if any :: WB14B0004725

Acknowledgement Date of Filing 18/08/2016 Date of Printing 10/09/2016

Disclaimer: This is computer generated statement, no signature required.

Printed from udyogaadhaar.gov.in

MyMsme Mobile App (Beta Version) is available now for download. https://play.google.com/store/apps/details?id=msme.mymsme

http://udyogaadhaar.gov.in/UA/PrintAcknowledgement.aspx

1 of 1 9/10/2016 5:18 PM

This is to Certify that the

Quality Management System

of

WIZERTECH INFORMATICS PVT LTD

has been independently assessed and is compliant

with the requirements of

ISO 9001:2015

This Certificate is applicable to the following product or service ranges:

Certificate No.: IN83281A IAS UID No.: MSCB-132-66332

Supply, Installation And Maintenance Of Computer & Networking Systems, Consultancy Of

IT Services And Retailing & Wholesaling Of Computer & Related Accessories, Fire Safety

& Electronic Security Services (Software Products) And Electrical Works

Block- BP, Plot - 7, Unit No - 904, Eco Station, Sector- V,

Salt lake, Kolkata-700091, West Bengal, India

Date of initial registration

Date of this Certificate 17 August 2018

This Certificate is property of LMS Certifications and remains valid

subject to satisfactory surveillance audits.

Director

13 August 2018

Recertification Due / Certificate expiry 12 August 2021

Surveillance audit on or before 12 August 2019


Environmental Management System

of




ISO 14001:2015

This Certificate is applicable to the following product or service ranges:

Certificate No.: IN83281B IAS UID No.: MSCB-132-66332

Supply, Installation And Maintenance Of Computer & Networking Systems, Consultancy Of

IT Services And Retailing & Wholesaling Of Computer & Related Accessories, Fire Safety

& Electronic Security Services (Software Products) And Electrical Works

Block- BP, Plot - 7, Unit No - 904, Eco Station, Sector- V,

Salt lake, Kolkata-700091, West Bengal, India


Date of this Certificate 17 August 2018

This Certificate is property of LMS Certifications and remains valid


Director

13 August 2018

Recertification Due / Certificate expiry 12 August 2021

Surveillance audit on or before 12 August 2019

CertificateCERTIVA

®

For precise and updated information concerning the present certificate visit at www.certiva.co.uk

Certiva Limited

3rd Floor, 207 Regent Street

London, W1B 3HH.

Tel : + 44 203 5143425

Phone : +44 7042042076

Fax: +44 8458741820

Email:

Web:

Company Number : 9799171

[email protected]

www.certiva.co.uk


Information Technology Management System

of




ISO/IEC 20000 -1:2011This Certificate is applicable to the following product or service ranges:

UNIT NO. 904, ECO STATION, PLOT – 7, BLOCK – BP, SECTOR – V,

SALT LAKE, KOLKATA - 700091

Director

CERTIVA

ABCB

A C C R E D I T E D

MS-CB-004

www.qabcb.com

® ©

:: Certificate No :: IN10486F

PROVIDING SALES & SERVICE SUPPORT OF HARDWARE & SOFTWARE FOR SERVER,STORAGE, NETWORKING SYSTEMS, UPS POWER EQUIPMENT SOLUTION , DESKTOP,

PRINTER, SCANNER, FIRE DETECTION & SUPPRESSION SYSTEMS, SECURITYSURVEILLANCE SYSTEMS, DATA CENTER SOLUTION & COMPLETE SYSTEM

INTEGRATION WORK IN IT INDUSTRY.


Recertification Due /

Date of this certificate

Certificate expiry

14 April 2018

14 April 2018

13 April 2021

This Certificate is property of Certiva Limited Certifications and remains valid




CIN No. : U72200WB2004PTC099010

ANNEXURE-V

UNDERTAKING ON LETTER HEAD OF BIDDER

UNDERTAKING

I, Moithili Raichoudhury Authorized Representative of M/s Wizertech Informatics Pvt. Ltd.,

solemnly declare that:

1. I/We am/are submitting Bid for the work Comprehensive Annual Maintenance Contract

(CAMC) of Data Centre equipment and IT Infrastructure of Coal India Ltd., office

complex at Kolkata for a period of 3 years against NIT No/Tender ID CIL/C2D/CAMC Data

Centre/18-19/327 Dated 10.10.2018 and I/we offer to execute the work in accordance with all the terms, conditions and provisions of the bid.

2. Myself/Our Partners/Directors don’t has/have any relative as employee of Coal India Limited.

3. All information furnished by me/us on-line in respect of fulfilment of eligibility criteria and qualification information of this Bid is complete, correct and true.

4. All copy of documents, credentials and documents submitted along with this Bid are genuine,

authentic, true and valid. 5. I/ We hereby authorize department to seek references / clarifications from our Bankers.

6. We hereby undertake that we shall register and obtain license from the competent authority

under the contract labour (Regulation & Abolition Act) as relevant, if applicable. 7. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make

necessary payments as required under law.

8. *I/We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or PSUs (In case of JV, all partners are covered).

9. If any information and document submitted is found to be false/ incorrect at any time, department may cancel my/our Bid and action as deemed fit may be taken against me/us,

including termination of the contract, forfeiture of all dues including Earnest Money and banning/ delisting of our firm and all partners of the firm etc.



CIN No. : U72200WB2004PTC099010

Annexure-XI

UNDERTAKING

I/We hereby declare that I/We will execute back to back agreement/purchase order (if work is awarded to our firm) for

the OEMs as mentioned at Clause 15, S.No7 of NIT, directly with OEM or through OEMs authorized channel partners for

back to back support to maintain the SLA of the NIT, including spares, patches for the mentioned equipment for 3 years

(entire contract period) from date of commencement of the contract and submit the same within 28 days of issue of

Work order/ Letter of Acceptance by CIL or within the date mentioned in the Work order/ Letter of Acceptance.

Signature of the bidder / Authorized Signatory

Government of India

And

Government of West Bengal

Form GST REG-25

Certificate of Provisional Registration

This is a Certificate of Provisional Registraion issued under the provisions of the Act.

1. GSTIN 19AAACW5570G1Z4

2. PAN AAACW5570G

3. Legal Name WIZERTECH INFORMATICS (P) LTD

4. Trade Name WIZERTECH INFORMATICS PVT LTD

5. Registration Details under Existing Law

Act Registration Number

(a) Corporate Identity Number / Foreign CompanyRegistration Number

u72200wb2004ptc099010

(b) TIN under Value Added Tax 19624611067

(c) Central Sales Tax Registration Number 19624611067

(d) Service Tax Registration Number AAACW5570GST004

Date 28/06/2017

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Indian Institute of Technology (Indian School of Mines)Dhanbad - 826004, Jharkhand, INDIA

SUPPLYCUMWORKORDER

PO No: I),<f>,?>/CC/500088/16-17 Dated: November 28,2016

ToMis Wizertech Informatics Pvt Ltd,9th Floor, Ecostation, Unit No 904,Plot No 7, Block BP, Sector - V,Salt Lake, Kolkata - 700091M: 840066962, 9891181314E: [email protected], avinabas@"wizetech.com

Sub: Establishment, Operation &maintenance of Data Centre and Services atlIT (ISM)

Ref: 1. EOI No. ISM/CC/DC/2015 dated 23.12.2015,2. RFP No CC/500088/16 -17 dated 27.05.2016,3. Your quotation no: WIPL/ISM-CSE-DC/160616 dated 16.06.20164. Your Letter no: WIPLjISM-CSE-DCj160617 dated 15.09.20164. Negotiation dated 18.10.2016

Sir(s),

We are pleased to award you the contract for Establishment, Operation &maintenance of Data Centre and Services at Computer Centre of IIT (ISM),Dhanbad on the terms and conditions below & overleaf:

SNo i

-----------,------,---------,--------------------r----------------------

Item Price I Tax i TotalI '

1 IT Items with 3 years warranty _ I 25064679.-g2s487~6.0-01~ ~~_ _27~j_3_,1€i5_:_0_Q_!I 2 Non-IT Items with 3 years warranty: IL With UPS battery j 65~_QOQO.Qg_~--_24_3_95Q.OOi 74_5__39_50_·9_0_;

1

3 FMS inclu~in.g i.nstallat~on, testing! :and comnussionmg with 3 years i !

I support (by P?sting of two man1 11powers and off Ime support) ___3~ooQ_Q_()__:O_Q___57_9ogQ:_oo: 43700_00.00 jExtra 350 endpoint security License i I

i f;;t~fz:Si~:e~Jc~~:~'is attQChe(Turt- .. -t--- --- - ---- 0.00J! Annexure - I Grand Total I 35374679.00 I 40627;36.00-t-u 3,94,37,415.0-0-:

Rupees Three crore Ninety Four Lakh Thirty Seven Thousand Four hundre£llFifteen only _ _ _j

V1926 ~ -~ -$1 xlcn lOr In service of the Nation since 1926

Phone (0326) 2296-559 to562 (4 Lines, ' Fax (0326) 22(!C5(-L ' WebSlli.,t:!1Jltl·iiia_

~ I'{JIll ~1~,41fJ1ch'I wm (~I'{JIll Nfoi fclc\1I1416)tlCT"l~I~ - 826004, ~IH5105


------

Term & Conditions:1. Price basis: FOR, lIT (ISM) Campus, Dhanbad through your representative.2. Place of Delivery: Computer Centre, lIT (ISM), Dhanbad through P&S, Section

[Contact Person: Assistant Registrar (P&S)]3. Consignee: The Registrar, lIT (ISM), Dhanbad.4. Comprehensive Warranty:

i) 3 years warranty on all IT Items.ii) 3 years warranty on Non-IT Items with UPS batteryiii) 3 years support for FMS including installation, testing and commissioning with

posting of two persons and offline support5. Delivery & completion of work:

i) All Items IT as well as Non IT should be delivered within 14 weeks from the awardof this contract.

ii) System Integration Services for Final Acceptance Testing should be done within06 weeks from the supply of items or 20 weeks from the receipt of this PurchaseOrder whichever is earlier.

6. Inspection: Inspection shall be carried out at lIT (ISM), Dhanabd.7. Liquidated Damage (LD) & Penalty:

a) If supply of IT items is delayed, LD will be imposed, which is minimum 1% of basevalue per week subject to a maximum of 5%, if the supply is further delayed theorder may be reviewed by competent person of lIT (ISM).

b) If delay in System Integration Services occurs, penalty will be imposed with apenalty @ Rs. 10000 per week for first 2weeks of delay and Rs. 20000 per week forevery subsequent week, subject to a maximum of 0.5% of the Total PurchaseOrder Value. In case DC implementation gets delayed beyond the period of morethan 8 weeks due to the reasons attributable to the MIS Wizertech Informatics PvtLtd, Kolkata even after imposing Penalty as mentioned above the contract may bereviewed and the decision of Director lIT (ISM) will be final and binding on MISWizertech Informatics Pvt Ltd, Kolkata.

8. Termination Clause:i) For poor services: lIT (ISM) can terminate the contract, if after repeated warning

and penalty, the quality of service is not improved lIT (ISM) can also forfeit the PBGand may black list.

ii) For Convenience: lIT (ISM), Dhanbad may by giving 3 months notice in advance, toterminate the Contract, in whole or in part at any time for its convenience. Thenotice of termination shall specify that termination is for lIT (ISM) convenience, theextent to which performance of work under the Contract is terminated, and the dateupon which such termination becomes effective. Mis Wizertech Informatics Pvt Ltd,Kolkata will be paid for good & services delivered to lIT (ISM)) till the last day ofnotice period.

9. End of Life certificate: Product(s) should not be end oflife tills years. If the productor part of product at any moment of time within 5 years is unavailable due to somereason, the OEM will replace with the compatible and advance version of the faultyproduct. Certificate to this effect has to be submitted by thefirm.

1926 '!'I ~ q(J '!'I<rT ~ In service of the Natio~n~e 1926Phone (0326) 2296-559 \0562 (4 LlneS{ • ,. di, .:03~'G; 22~)!.;~)') .' vvebsue ./'.1',. .sruonanoad ac 111

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10.Payment Terms:i) For IT and Non IT components:

a. 75% on receipt of materials in good condition at lIT (ISM) after submission ofbill/ challan and

b. Balance 25% on successful installation and commissioning of Data Centre andsubmission of Warranty Certificate, Satisfactory Installation Report issued fromUser Department and Performance Bank Guarantee for Rs 31,57,468.00.

ii) For FMScomponents: On successful completion of every quarter against bill.11. Manpower deployment: Manpower resources shall have to be deputed during

installation and commissioning under Project Manager who has experience of settingup of Data Center.

12.Commissioning: Two Technical Manpower to be posted at Dhanbad should be onpayroll ofthe M/S Wizertech Informatics Pvt Ltd, Kolkata after handing over the centreto lIT (ISM)

a. One OEM certified Network support person with Minimum 3 years' experience.b. One OEM certified (either server OEM or storage OEM or both) support person

with Minimum 3 years' experience.c. Duty is 6 days a week. However he may be called any time for any urgent issue.d. Backend support from M/S Wizertech Informatics Pvt Ltd, Kolkata should

always be there with proper escalation matrix, contact details such as email,mobile:i. Single point contact for any technical issues.ii. Single point of contact for any administrative issues.

13.Training: M/S Wizertech Informatics Pvt Ltd, Kolkata shall arrange to providetraining to Computer Centre Technical and support team as required by lIT (ISM) forthe installation, configuration, commissioning, monitoring, and troubleshooting ofvarious equipment/ products & other aspects of the Data Center over a period of 5 daysfor a session size of maximum 06 lIT (ISM) nominated staff.

14. Performance Bank Guarantee (PBG): A bank guarantee of Rs. 31,57,468.00 (RsThirty One Lac Fifty Seven Thousand Four Hundred Sixty Eight Only) of anyNationalized Bank/ Schedule Bank must be submitted along with the OrderAcceptance. The same will be valid a period of three year and 6 months from the dateof order acceptance.

15.Rejection and Replacement: Rejection, if any, shall be notified to the supplierwithin 30 days of receipt and inspection of the material. Rejected material is to beremoved by the supplier at his own risk and cost from lIT (ISM) campus within 14 daysof intimation of rejection. Defective supplies are required to be replaced within 7 daysof the removal of the rejected material.

16.Risk Purchase: lIT (ISM) shall be at liberty to realize from the supplier thedifferential amount, if any, which it shall have to incur on purchase of the material athigher price(s) from elsewhere in the market. If the supplier, due to their fault, fails tosupply the ordered quality and quantity of the material within the stipulated time.

17. Failure to comply with any of the above mutually agreed terms and conditions may leadto forfeiture of PBG within the period of contract.

18.A copy of this Supply Cum Work Order duly signed on all pages by the Authorizedsignatory must be sent back to us as a token of Acceptance along with all terms andconditions within 03 days of receipt of the same.

the Nation i:1926"'/\''11.'\' Isr-nrjrlanUdl_J

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19. The price for the capacity upgrade of all hardware and software will remain valid tillfive (OS) years from the date of this Purchase Order. If there is any reduction/ fall inprice then the same discount will be provided to lIT (ISM), Dhanbad.

20.All terms and conditions as mentioned in the Service Level Conditions (SLC) must befollowed by supplier, failing which the Institute will be free to impose any penalty asmentioned therein.

21. Please also provide your bank account particulars viz, Bank name, Branch, A/c No,Account type, beneficiary name etc, RTGS/NEFf details along with invoice.

22. If any terms and conditions of this Supply cum Work Order is/are in conflict with theterms of RFP or is/are not mentioned specifically in the former, terms and conditionsof RFP will be final and binding on both the parties.

Discrepancy, if any in the Supply cum Work Order mav please be brought to the notice ofundersigned immediately by mail.

1926 ~ ~ '<tT ~<n 4' In service of the Nation since 1926Phone,(0326) 2296-559 t0562 (4 Lines), • Fax .(0326) 229b563 • vvebsite wwvv ismdhanbao de In

, mIlt! i.:(I'1!J Wl,)11M itltJ [:f I,i:!#] 1M,]

/

Item Qty

3+2+1

7 Virtualization software total VMs used will be 2Web server, 4 for MlS, 2 for Library, 3 for others. Licenses

VMware vSphere 6 with Operations ManagementEnterprise Plus Acceleration Kit for 6 processors

9

Windows Server 2012 or latest R1 Data Centre 1 4and CAL 50

15Licenses

14 Caoacitv Upgrade of Storage (t_mgradedcapacityMinimum 4 TB RAW storage space by using NL-SAS HDD 3.5" or 2.5"¥inimum 600GB RAW storage space by usingSAS HDD 15k RPM 3.5" or 2.5"Minimum 800GB RAW storage space by using3.5" or 2.5" SSDencluser

15 Installation, Testing, Commissioning16 Facilj!y M~ement17 Miscellaneous items required for DC setup not

mentioned in the list including all cabling, drivers,licenses etc.

1

Arijit Biswas

From: HOC Comp. Centre <[email protected]>

Sent: 08 November 2018 PM 4:11

To: [email protected]

Cc: [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: Amendment of PO no. in the project sign off document---ISM Dhanbad

AR (P&S)

Please refer the trailing email from M/s Wizertech Informatics Pvt. Ltd. and do the necessary corrections in the

copy of said document. Alos keep this email in file for all future reference.

regards

Prof. Chiranjeev Kumar Head, Computer Centre

&

Associate Dean (Infrastructure) - Information Systems

Indian Institute of Technology (ISM), Dhanbad- 826 004, Jharkhand, India.

Address(R): #20, 5th Floor, Block No. I, Teacher's Enclave, Near UGC Colony, IIT (ISM) Campus, Dhanbad.

Voice: +91-9431125793 (M), +91-326-2235489 (O), +91-326-2235589 (R)

Home Page: https://www.iitism.ac.in/~chiranjeev

---------- Forwarded message ---------

From: Subha Pal <[email protected]>

Date: Thu, Nov 8, 2018 at 11:25 AM

Subject: Amendment of PO no. in the project sign off document---ISM Dhanbad

To: <[email protected]>

Cc: <[email protected]>, Nawed Zafar <[email protected]>, Indrajit Prasad <[email protected]>, Subir

kumar Bose <[email protected]>

Dear Sir,

This has reference to the “Project-Signoff” document which has been signed by you on 11.01.18

for the PO No. 283/CC/500088/16-17 dtd. 28-Nov-16. Please note that, due to typographical

error, the PO no. had been mentioned wrongly as 238/CC/500088/16-17 instead of

283/CC/500088/16-17 in the said document and we are confirming that the said duly signed

“Project-Signoff” document is valid for the PO no. 283/CC/500088/16-17.

Thanks & Regards,

Subha Pal

RSDM-East

2

Mobile: +91 9163360778 & +91 9874428892 | E-mail: [email protected]

Wizertech Informatics Pvt. Ltd.

Unit No. 904,

Plot No.07, Block BP, Eco-Station

Sector V, Salt Lake, Kolkata 700091

Office No 2367-6555 /2367-6570

URL: www.wizertech.com

An ISO 9001:2008 & ISO 14001:2004

Certified Company

KOLKATA PORT TRUST Planning & Research Division

Finance Department 15, Strand Road, 6th Floor,

Kolkata — 700 001 FAX No. 91-33-2230-3058

[email protected]

MO :2000 APPROVED We tioys

64 WAS ARM 1.10241011. Cw

.1\ ACCA.00.113 1301Vait COUNCIL KilFt

Accootoriarook j

30th April 2018

To Whom It May Concern

This is to certify that M/s. Wizertech Informatics Pvt. Ltd., having their office at 9th Floor, Ecostation, Unit No. 904, Plot No. 7, Block BP, Sector — V, Salt Lake, Kolkata — 700091, has successfully and satisfactorily completed "Facility Management Services including hardware/ network maintenance to different Computerised activities in different departments of Kolkata Dock System of Kolkata Port Trust" vide Work Order no. Plg/165/FMS/9979 dated 29th April 2015 valid for 3 years i.e. till 30th April 2018.

(Rebecca Das) Jt. Director (P&R)

Jt. Director (P & R) (fer

Planning & Research Divisiot 49-4 -TT

Kolkata Port Trust FlEFFIT 717;7 ';74171.71

1

Arijit Biswas

From: RajeshRanjanSinha ProjectCoordinator <[email protected]>

Sent: 08 November 2018 PM 12:13

To: [email protected]

Subject: Certificate of Confirmation

This is to certify that ‘M/s Wizertech Informatics Pvt. Ltd.’ having their office at Unit –

904, 09th Floor, Eco Station, Plot – 7, Block EP, Sector V, Salt Lake, Kolkata – 700 091 (West

Bengal) has successfully & satisfactorily completed the ‘Comprehensive Annual Maintenance

Contract (CAMC) work of JAP-IT Data Centre (JDC) established at JAP-IT, Ranchi.

The above said work was awarded after finalization of eTender Ref. No.:

JAPIT/JDC/01/2015, the duration of the work was of 03 years i.e. from 01.04.2015 to

31.03.2018, work order was placed vide JAP-IT Letter No.: 882 Dated: 23.04.2015 (LoI issued

vide JAP-IT Letter No.: 731 Dated: 01.04.2015). After completion of the tenure of the work, an

extension was provided vide JAP-IT Letter No.: 971 Dated: 10.05.2018 i.e. till finalization of the

bid process management for the same, the extended duration was completed on 31.08.2018.

It was also certified that ‘M/s Wizertech Informatics Pvt. Ltd.’ has been again awarded the work of Comprehensive Annual Maintenance Contract (CAMC) of JAP-IT Data Centre (JDC) infrastructure (IT & Non-IT) after finalization of eTender Ref. No.: JAP-IT/JDC-AMC/03/2018 (Re-Tender). Same was confirmed vide JAP-IT LoI No.: 1477 Dated: 06.07.2018 & Work Order No.: 1853 Dated: 27.08.2018. Initial tenure of the work is of 03 years starting from 01.08.2018 till 31.07.2021. With Regards, Rajesh R Sinha, Project In-Charge, JDC JAP-IT, Ranchi



CIN No. : U72200WB2004PTC099010

Sl. No. Customer PO Details PO Date PO No. Amount (in INR)

Amount (INR) to be

considered as per Base

period starting from

12.01.17 to 11.01.18

1 Indian Institute of Technology

(Indian School Of Mines)

Establishment, Opearation & Maintenance

of Data Centre and Services at IIT (ISM) 28.11.16 283/CC/500088/16-17 3,94,37,415.00 1,25,00,000.00

2 Kolkata Port Trust

Providing Facilioty Management Services

including hardware/network maintenance

to different Computerised activities in

different departments of Kolkata Dock

System of Kolkata Port Trust--For 3 years

29.04.15 Plg/165/FMS/9979 1,65,00,000.00 56,48,679.00

3

Jharkhand Agency for

Promotiojn of Information

Technology

Comprehensive Annual Maintenance

Contract of JAP-IT SDC established at JAP -

IT, Ranchi for 3 Years 01.04.15 Letter No.: 882 53,41,032.00 17,80,344.00

1,99,29,023.00

abc

Stamp

abc

Typewritten Text

Kolkata

abc

Typewritten Text

Date : 03/09/2015

abc

Stamp

abc

Typewritten Text

Kolkata

abc

Typewritten Text

abc

Typewritten Text

Date: 03/09/2015

abc

Typewritten Text

abc

Typewritten Text

abc

Typewritten Text

10

TH

ED

AT

EO

FE

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CT

RO

NIC

TR

AN

SMIS

SIO

N

Name

Flat/Door/Block No

AN

DPE

RSO

NA

L IN

FOR

MA

TIO

N

Name Of Premises/Building/Village Form No. which has been electronically transmitted

PAN

Town/City/District

Status

E-filing Acknowledgement Number Date(DD/MM/YYYY)

CO

MPU

TA

TIO

NO

FIN

CO

ME

AN

DT

AX

TH

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EO

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1 Gross total income 1

2 Deductions under Chapter-VI-A 2

3 Total Income 3

4 Net tax payable 4

5 Interest payable 5

6 Total tax and interest payable 6

7 Taxes Paida Advance Tax 7ab TDS 7bc TCS

d Self Assessment Tax

e Total Taxes Paid (7a+7b+7c +7d) 7e

8 Tax Payable (6-7e) 8

9 Refund (7e-6) 9

Area/Locality

State

Road/Street/Post Office

Pin/ZipCode

Designation of AO(Ward/Circle)

3a3a Current Year loss, if any

Original or Revised

Assessment Year

2017-18 INDIAN INCOME TAX RETURN ACKNOWLEDGEMENT

[Where the data of the Return of Income in Form ITR-1 (SAHAJ), ITR-2, ITR-3, ITR-4 , ITR-5, ITR-6,ITR-7 transmitted electronically with digital signature]

from IP Address on at

This return has been digitally signed by

having PAN

in the capacity of

Dsc Sl No & issuer

DO NOT SEND THIS ACKNOWLEDGEMENT TO CPC, BENGALURU

7c

7d

10 Exempt IncomeOthersAgriculture

Aadhaar Number/Enrollment ID


Unit 904, Plot 07, Block- BP, AhuiclEco Station

Kolkata

110394066

29-11-2017

0

110394070

33560599

564836

34125435

13330

19577827

11000000

7679772

0

38270929

4145490

AAACW5570G

ITR-6

ORIGINAL

700091WEST BENGAL

319684291291117

DCIT Circle 10 110

0

Pvt CompanySector V, Salt lake

Satya Narayan Mishra

2229095594389943393CN=SafeScrypt sub-CA for RCAI Class 2 2014,OU=Sub-CA,O=Sify Technologies Limited,C=IN

110.227.67.49 29-11-2017 KOLKATAAMGPM4207M

Director

eProcurement System of Coal India Limited

Auction Details

Date : 15-Apr-2020 8:54 AM

Print

Basic Details

Organisation Chain Coal India Limited||Coal India Limited,HQ,Kolkata||CIL-HQ-Telecom Department

Tender Reference Number CIL/C2D/CAMC Data Centre/18-19/327

Tender ID 2018_CILHQ_117214_1

Tender Title Comprehensive Annual Maintenance Contract

Tender Cum Auction Details

Auction Type : Reverse

Display Bidder Details : Hide

Auction Start Price in ₹ : 3,87,31,488.00

Auction Reserve Price in ₹ : 1.00

Decremental Price in ₹ : 2,00,000.00

Auction Start Date : 14-Nov-2018 12:50 PM

Auction End Date : 14-Nov-2018 02:50 PM

Auction Extended Closing Date : 14-Nov-2018 06:20 PM

Auction Hall History

Bidders Latest Value

S.No Masked ID/ Bidder Name Bidder Value in ₹ Submitted DateSavings on Starting Price

in ₹ 2,79,31,485.00

Amount in ₹ %

1 Wizertech Informatics Pvt. Ltd. 2,79,31,488.00 14-Nov-2018 06:08:56 PM 2,79,31,485.00 931049500%

2Fast Tech Technologies ServicesPvt Ltd 2,81,31,488.00 14-Nov-2018 05:58:47 PM 2,81,31,485.00 937716166.67%

3 Vareli Tecnac Pvt. Ltd. 2,85,31,488.00 14-Nov-2018 05:39:01 PM 2,85,31,485.00 951049500%

4 Future netwings Solutions Pvt. Ltd. 3,07,31,488.00 14-Nov-2018 04:37:31 PM 3,07,31,485.00 1024382833.33%

Participation Trend

S.No Participated Date No of times Quoted Percentage of Participation (Total Quotes4)

1 14-Nov-2018 53 1325.00%

Government eProcurement System https://gepnicreports.gov.in/eprocreports/tenderCumActionpopup.html#

1 of 1 15-04-2020, 08:57

NON - DISCLOSURE AGREEMENT

This Agreement made on this 12th day of November , 2018 (the ‘Effective Date’)

BETWEEN:

(1) Coal India Limited., New Town, Rajarhat, Kolkata-700156

AND (2) Wizertech Informatics Private Ltd. (Parties)

Background:

i) The Parties are, or will be, evaluating, discussing and negotiating a potential contractual

relationship concerning the Comprehensive Annual Maintenance Contract (CAMC)

of Data Centre equipment and IT Infrastructure of Coal India Ltd., office complex at

Kolkata for a period of 3 years. (the ‘Project’).

ii) The Parties may, in these evaluations, discussions and negotiations, disclose to each other

information that is technically and /or commerciallyconfidential.

iii) The Parties have agreed that disclosure and use of such technical and/or commercial

confidential information shall be made and on the terms and conditions of this Agreement.

Now it is agreed as follows:

1.0 Definitions:

In this Agreement the following terms shall, unless the context otherwise requires, have the

following meanings:

1.1 ‘Disclosing Party’ means the Party disclosing Confidential Information to the other Party

under this Agreement.

1.2 ‘Receiving Party’ means the Party receiving Confidential Information from the other

Party under this Agreement.

1.3 ‘Confidential Information’ means any information, which shall include but is not limited

to, design, fabrication & assembly drawings, know-how, processes, product specifications,

raw materials, trade secrets, market opportunities, or business or financial affairs of the Parties

or their customers, product samples, inventions, concepts and any other technical and/or

commercial information, disclosed directly or indirectly and in any form whatsoever

(including, but not limited to, disclosure made in writing, oral or in the form of samples,

models, computer programs, drawings or other instruments) furnished by the Disclosing Party

to the Receiving Party under this Agreement.

1.3.1 Such Confidential Information shall also include but shall not be limited to: 1.3.1.1 information disclosed by the Disclosing Party in writing marked as


1.3.1.2 information disclosed by the Disclosing Party orally which is slated to be


1.3.1.3 information disclosed in any other manner is designated in writing as

Confidential Information at the time of disclosure; or

1.3.1.4 notwithstanding sub-clauses 1.3.1.1, 1.3.1.2 and 1.3.1.3 of this definition, any

information whose nature makes it obvious that it is confidential.

1.3.2 Such Confidential Information shall not include any information which: 1.3.2.1 is, at the

time of disclosure, publicly known; or

1.3.2.2 becomes at a later date, publicly available otherwise than a wrongful act or

negligence or breach of this Agreement of or by the Receiving Party; or

1.3.2.3 the Receiving Party can demonstrate by its written records that such

information was in its possession, or known to the Receiving Party, before receipt under this

Agreement, and which was not previously acquired under an obligation of confidentiality; or

1.3.2.4 is legitimately obtained at any time by the Receiving Party from a thirdparty

without restrictions in respect of disclosure or use; or

1.3.2.5 the Receiving Party can demonstrate to the satisfaction of the Disclosing Party,

has been developed independently of its obligations under this Agreement and without access

to the Confidential Information.

1.4 ‘Purpose’ means the evaluations, discussions, negotiations and execution regarding a

contractual relationship between the Parties in respect of the Project defined in paragraph (i)

of the Background section.

1.5 ‘Affiliate’ means any legal entity which, at the time of disclosure to it of any Confidential

Information, is directly or indirectly controlling, controlled by or under common controlwith

any of the Parties.

1.6 ‘Contemplated Agreement’ means any future legally binding Agreement between the

Parties in respect of the Project envisaged under this Agreement.

2.0 Non-Disclosure of Confidential Information:

2.1 In consideration of the disclosure of Confidential Information by the Disclosing Party

to the Receiving Party, solely for the Purpose, the Receiving Party undertakes whether by

itself, its successors and heirs, not to disclose Confidential Information to any third party,

unless in accordance with Clause 4.

2.2 In addition to the undertaking in Clause 2.1, the Receiving Party shall be liablefor: 2.2.1 any loss, theft or other inadvertent disclosure of Confidential Information, and

2.2.2 any unauthorized disclosure of Confidential Information by persons (including,

but not limited to, present and former employees) or entities to whom the Receiving

Party under this Agreement has the right to disclose Confidential Information, except

where, the Receiving Party has used the same degree of care in safeguarding such

Confidential Information as it uses for its own Confidential Information of like

importance and in no event less than a reasonable degree of care; and upon becoming

aware of such inadvertent or unauthorized disclosure the Receiving Party has

promptly notified the Disclosing Party thereof and taken all reasonable measures to

mitigate the effects of such disclosure and to prevent furtherdisclosure.

2.3 The Receiving Party understands and agreesthat: 2.3.1 any information known only to a few people to whom it might be of

commercial interest and not generally known to the public is not publicknowledge;

2.3.2 a combination of two or more parts of the Confidential Information is not

public knowledge merely because each part is separately available to thepublic.

2.4 The Receiving Party acknowledges the technical, commercial and strategic value of

the Confidential Information to the Disclosing Party and understands that unauthorized

disclosure of such Confidential Information will be injurious to the Disclosing Party.

3.0 Use of Confidential Information: The Receiving Party is entitled to use the

Confidential Information but only for the Purpose.

4.0 Permitted Disclosure of Confidential Information:

4.1 The Receiving Party may disclose Confidential Information to any of its Affiliates

and employees, in which event the Affiliate and employee shall be entitled to use the

Confidential Information but only to the same extent the Receiving Party is permitted to

do so under this Agreement. The Receiving Party agrees that such Affiliates or employees

are subject to confidentiality obligations no less restrictive than those of thisAgreement.

4.2 The Receiving Party shall limit the dissemination of Confidential Information to

its Affiliates and employees having a need to receive such information to carry out the

Purpose.

4.3 The Receiving Party may disclose Confidential Information to its consultants,

contractors, sub-contractors, agents or similar persons and entities having a need to

receive such information to carry out the Purpose on the prior written consent of the

Disclosing Party. In the event that the Disclosing Party gives such consents, the Receiving

Party agrees that such individuals are subject to confidentiality obligations no less

restrictive than those of this Agreement.

4.4 Notwithstanding Clause 2.1, the Receiving Party shall not be prevented from

disclosing Confidential Information, where (i) such disclosure is in response to a valid

order of a court or any other governmental body having jurisdiction over this Agreement

or (ii) such disclosure is otherwise required by law, provided that the Receiving Party, to

the extent possible, has first given prior written notice to the Disclosing Party and made

reasonable efforts to protect the Confidential Information in connection with such

disclosure.

5.0 Copying and Return of Furnished Instruments:

5.1 The Receiving Party shall not be entitled to copy samples, models, computer

programs, drawings, documents or other instruments furnished by the Disclosing Party

hereunder and containing Confidential Information, unless and to the extent it is necessary

for the Purpose.

5.2 All samples, models, computer programs, drawings, documents and other

instruments furnished hereunder and containing Confidential Information shall remain

the Disclosing Party’s property.

5.3 At any time upon request fromthe Disclosing Party or upon the conclusion of the

Purpose or expiry of this Agreement, the Receiving Party, at its own cost, will return or

procure the return, promptly and in any event within 14 days of receipt of such request,

of each and every copy of Confidential Information given by the Disclosing Party, and

satisfy the Disclosing Party that it no longer holds any further Confidential Information.

6.0 Non-Disclosure of Negotiations: Except as provided in Clause 4, each Party agrees

that it will not, without the other Party’s prior written approval, disclose to any third party

the fact that the Parties are discussing the Project. The Parties acknowledge that the

provisions of this Agreement shall apply in respect of the content of any such discussions.

The undertaking set forth in the Clause 7 shall survive the termination of this Agreement.

7.0 Term and Termination:

7.1 This Agreement shall become effective on the Effective Date. The provisions of

this Agreement shall however apply retroactively to any Confidential

Information, which may have been disclosed in connection with discussions and

negotiations regarding the Project prior to the Effective Date.

7.2 This Agreement shall remain in force for five (5) years from the Effective Date,

except to the extent this Agreement is superseded by stipulations of the

Contemplated Agreement.

7.3 The rights and obligations of each Party with respect to all Confidential

Information of the other Party that is received under this Agreement shall remain

in effect for a period of five (5) years from the date of disclosure of Confidential

Information.

8.0 Intellectual Property Rights: All Confidential Information disclosed herein shall remain

the sole property of the Disclosing Party and the Receiving Party shall obtain no rightthereto

of any kind by reason of this Agreement.

9.0 Future Agreements: Nothing in this Agreement shall obligate either Party to enter into

any further Agreements.

10.0 Amendments: Any amendment to this Agreement shall be agreed in writing by both

Parties and shall refer to this Agreement.

11.0 Severance: If any term or provision in this Agreement is held to be either illegal or

unenforceable, in whole or in part, under any enactment or rule of law, such term or provision

or part shall to that extent be deemed not to form part of this Agreement, but the validity and

enforceability of the remainder of this Agreement shall not be affected.

12.0 Governing Law: This Agreement shall be governed by and construed in accordance with

the laws of India and in any dispute arising out of or relating to this agreement, the Parties

submit to the exclusive jurisdiction of the Courts situated at Kolkata, India.

13.0 General:

13.1 Upon 45 days written notice, the Disclosing Party may audit the use of the

programs, materials, marketing materials, services, and such additional disclosed resources.

The Receiving Party agrees to co-operate with the Disclosing Party’s audit and to provide

reasonable assistance and access to information.

13.2 The Disclosing Party shall not have any liability to the Receiving Party for any

claims made by third parties arising out of their use of the Disclosing Party’s trademarks

(including “Logo”) or marketing materials. The Receiving Party agrees to indemnify the

Disclosing Party for any loss, liability, damages, cost or expense (including attorney’s fees)

arising out of any claims, which may be made against the Disclosing

Party arising out of their use of the Logo or marketing materials where

such claim relates to their activities, products or services.

Notwithstanding above, the Receiving Party shall have no obligation to

indemnify the Disclosing Party with respect to a claim of trademark or

copyright infringement based upon their use of the Logo or marketing

materials, as expressly permitted under this Agreement.

13.3 The Receiving Party shall disclose of any similar

agreements explicit or otherwise, for similar purpose/application with in

its own organization, or any other third party.

13.4 In the event of a breach or threatened breach by the

Receiving Party of any provisions of this Agreement, the Disclosing

Party, in addition to and not in limitation of any other rights, remedies or

damages available to the Disclosing Party at law or in equity, shall be

entitled to a temporary restraining order / preliminary injunction in order

to prevent or to restrain any such breach by the Receiving Party, or by

any or all persons directly or indirectly acting for, on behalf of, or with

the Receiving Party.

IN WITNESS WHEREOF, this Agreement was duly executed on

behalf of the Parties on the day and year first above written.

For and on behalf of For and on behalf of

Coal India Ltd. Wizertech Informatics Pvt. Ltd.

Sign :

Name : Name : Nawed Zafar

Title : Title : SVP – Enterprise Business

COAL INDIA LIMITED(A MAHARATNA COMPANY)

Coal Bhawan,Materials Management DivisionPremises No.04, Action Area 14,New Town, Rajarhat, Kolkata - 700 156Phone: 033-2324 4727 , tax: 033-2324 4715Website: www.coalindia.in.E mail: qm mm.cil@coalindia. in

ot(iBcrftft-sqdl.drit[floiqf,rlfitr,

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q|4 .33-131y 8ttb, fu-ffi: 033-13?8 strelee6a: www. coa lin d ia. in

{t(: emmm.cil @coa li ndia.in

Ref. No. CIL/C2DICAMC Data Centre/18-19/ lO21 Dzte: 12,12.2018

ToIWs Wizertech Informatics Pvt. Ltd.Unit-904, Ecostation, Plot - 7, Block - BP, Sector - V,Sah Lake City,Kolkata - 700091

By E-mail/Reeistered Postarij itb I @witzertech.in

Sub: Letter ofAcceDtance for Comprehensive Annual Maintenance Contract (CAMC) ofData Centre EouiDment and IT Infrastructure of Coal India Ltd.

Ref: i) Tender No.: CIL/C2DICAMC Data Centre/I8 -191327 dated 10.10.2018ii) Your offer submitted online against Tender ID: 2018_CILHQ_l 17214_1

Dear Sir,

This Letter of Acceptance (LOA) is issued in terms of NIT clause no.36 of e-TenderNotice ofthe above referred tender.

We are pleased to convey the approval ofthe competent authority towards acceptanceofyour above offer for Comprehensive Annual Maintenance Contract (CAMC) of Data CentreEquipment and IT Infrastructure ofCoal India Ltd., office complex at Kolkata for a period of3 years against the above referred tender for a total value of Rs. 3,29,59, 156/- (Rupees ThreeCrores, Twenty Nine Lakhs, Fifty-Nine Thousand One Hundred Fifty-Six Only.) includingGST@ l8%.

The Performance Security equivalent to 5o/o of the annualized value of the contractamount, works out to be Rs.5,49,319/- should be submitted in any olthe form indicated in theNIT at Clause No 4.2 of General Terms and Conditions (Chapter 4).

Additional performance security of Rs. 80,94,2951- shall be fumished by you alongwith normal performance security as per NIT clause 4.6 of General Terms and Conditions.Failure to submit such additional performance security may result into termination of thecontract.

The Contract Agreement will be executed on submission of the performancesecurity/security deposit within 28 days from issue ofthis LOA.

Contd.. Page (2)

Page - (2)

You are requested to commence the CAMC services within 10 days from issue of thisLOA in consultation with G.M (E&T), CIL.

All other terms and conditions shall be as per the tender document, referred above andduly accepted by you.

Yours faithfully,

.ffi,,4rrChief Manager (MM)

Copy to:

o Director (Technical), CILo TS to Chairman, CILo General Manager (Finance), CIL. General Manager (MM), CIL. Ceneral Manager (E&T), CILo General Manager (Admin), CIL

PRE.CONTRACT INTEGRITY PACTThis prc-contrafi Agrc{mcnt (hereinaticr called thc Intcgrily pact) is made on l2th day of the month of November 20 I E alK_o:lyra.PEJ.wE^lN Coat tndia Lrd. acrins rhrouCh : .l

*.. -'.':* ",1

on behalfof lhe chairman aad Manaeing brre"Jr, cour rnJiu f,a. ir,ereinaftlr calred rhe -BUyER.. whrch expression shamean and incrude. unress the conrexr nthe-.*is" *qui*,.ii*.r*J.i"J,'i,l"iiili"lr, "*,u".) olrhe Fimr pan

AND

M/s Wizenech Intbrmatics pvt Ltd rc.

f*",-,flJ*"*".Jx;:1,;ffi:iif#:::1,.J,'f',LXi#":T"[:ru;H,:1:1,H:'n11,,[".,,,^ and permi,,ed

:l!l!f rl.r:_B.U-yER proposes to execute lComprehensive Annual Mainrequipmcnt and IT Intrasrru",ul" oi:cJa tn,t,u t-,0., ,ii* i.,no[- "ii"r;;;;;"'-t"

contract (cAMc) of Data cenrrethe BIDDER / sELLEn l. *iriln! t"

"ir.r I r,as offered rhe services and

r a pcriod of3 years Name ofthc work) and

WHEREAS lhe BIDDER is a orivare company constituted in acclJrdance with lhe relevanl law jn the malter and lhe BUyERis a Minrsrrv/ Depaament orrhe covr ur irori psu p"rru-;;;t;::,;;:'j;' ,"rar r or rhe presidenr o,.rndiaNOW THEREFORE,

To avoid arr ftrrms of comrprron, by rbrowing a slsrem rhat rs [air, IransDaredcarines prior ro. durine "J;hr"q*"t u, ,l'" .'r*i"v .,i,i"

".,,,-"";..,i1,""ffl"ill,:Trroam anv

(influencs/prejud'ced

ffxTj,[i#yr ":l:":iH5IJl","ltTd.work

ar a comperirive price in conrom],rv wirh-rhe derined specificarions by

l:,r!:!;i;l ir;ii,;; ;,;;x1#,?;:,'i.ffh"fr3'i::Jl H:5l#:lTfflffl.,:*xHil,,,THifffiIfftr iltiJl'ffi ,""ffliii"#[1H$#:i;T::tH*il' ;d'il riiivii *,rr

""i*,1. *;;ffi il'J::,The paiies hereto hercby agree to enter into this lntegrily pact and agrce as follows:

l. CummitmeDts of thc BUYER

I ' I The B UYER undenakes that no official of lhe B u YER. connecred direcrry or indirectry with the contract, will demand,rarc a promise ''or

or acccpl. direcrry_ ur rhruugr, i"'"-J",ro "'""y

il],jJ.'.rroo",u,ar- giri, rcward. Iavrur or anymareriar ur imnrareriar benefir or any orher advantage from the 6rooin. errhe, ru, rh".serves or [or anv personorganizarion or rhird pany rerated ro rire conr*" i, "^'"ir-g;i;r;y li"anrage rn rhe brodrnp process, brd evaiuarronconu"acting or implementation process rclarea,o tf,"*n#"a'-

*'r qs'o.d6cxr rnc DloorDgprocess, bidevalualion,t'z rheBUYER wrll dunng lhe pretontract stage' treat all BIDDERS arike and wil provide ro a1 BTDDERS rhe same

llliffii.Tflfl,;$Jl'flTJffflJ,:","JJ,fl",Til,-;;;pilffiriuen*ri"r,.""ialffi;"Hffi;11:I .J All the oflicials of $e B U yERS will repon to the appropriate Governmenl office any atlempted or conrpleted breache!ot lhe atlove commirmenrs as wel as a;y su;.;.d ;r;;d;;;;;,;;"""2. ln case any such precedinq misconduct or the pan of such official(s) is reponed by lhe BIDDER lo lhe BUyER wlh fultili Jffli"lJj"ll ill,i: lf;:;;f "t"ie-i"*d

;1;;;;:;ii ii"'6",jiI*..*"",sary disciprinary proceedinss ordel.a,ed rrom runhei d;i";l ;i;ffi;r;1ff#lT:"..lJlS,,Til.T;":,jfl{fl m. uuvun -dt;;; il;;;iitBUYER the proceedrng, ,ni"r;";*,;", wourd nor be srared. rle aD enquiry is bern8 conducled by the

),'0

!-":r::

Commitments of BIDDERS

3. rhe BTDDER conmi| u,:,1,-"-*:,111:X'lJ": :lJ,i,',":y":,,'.[:iJJJ:#|jJtr'triJll:,::]iffiT''l'iTl': 'J]i:

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3 m*f,:fryllt*'n";$::g,ff*'U'*ii,="1.lo the contract in exchange tol

"'**f,***Nt*tnf"*l,il;r$,pfi,l1i;i'S,6g,,16ffi1 1 BIDDERS shall disclose the name and addre\s of the Agents/ represenlatrv(

foreign Prrncipals of associates

3.4 BIDDERS shal disclose the paym€nts to b€ made by them to agents / brokers of any other intermediary in connectlon

with this bid /conttact'

3.s rhe BTDDER. eitherrphirepreseirtinsffifl',l[:illt"'r',";Hiii*il*i"ltjjd"L{illiJJ::liliffiS*l,disctose any paymenl he has madc '5e;'i;lnl'i" .i"r".i." *irt rhe conrraceoent!. brokers or anY olher rnter

suchPaYments.

$i3l?3,",L;l:'.H;*::',:.H'J:[LlT:n'']:"il1iHT"Tll'"ilf"''"#'J"* T"**ncv'

raimess and

The BTDDER will not accept any advanmge in exchange for any conupt practice. unfair means and illegal activities

***"*1ry;;j**$;1*u'a'*tl'*'r;'s'tu''r:"'d;"$trilt.9 The BIDDER commirs ro refrain lrom giving any compraint {tirectly or through any other manner without supPorting it

wilh full and veriliable tacls any oflhe aclions mentioned above'

l0 The BIDDER shall oot instigarc or cause to insrigate any third Person to commrl i

P,t\,"

3.6

3.7

3.8

3

3.

\r

3 l I tf the BIDDER or any employee of lhe BIDDER or any person acring on behalf of lhe BIDDER, either directly orindirecrrv, is a rcrarive of anv of rhe oflrcer( or trre suveii or ar;m"irlrr. ii-y "i",i". ";;;;;H']il#;i;iERhas linancial inleresl / starc in rhc Bioriun';- r;.* irr" .""-.j.i"ii'f, Ji-"rJ,r-"0 uy rr,e tstDDER ar fic limc ot titin, ultender. The term relarive for this purpose wourd be as defined in sec,i* e rrirr" 6".p"".. o"i]cli ""'" "' """'

3'12 The BIDDER shall not lend to or-borrowany money from orenterintoany monetary dealingsor transaction, direcuyor indirecdy, with ary employee ofrheBUydR.

4. PrcviousTransgression

4 l The BJDDER declares lhal no previous tmnsSression occuned in the last three years immediately before signing oflhisInreBriry pacr. wirh anv orher company in anl^uounrry rn *;p";i ;i;;;;;rrp, pracrrce5 envisaged hereunder or wirhany Public secror Enrerprise in India or any Govemmenr u.punr"n, in rnaii rrrar couto lusriry'niou;i:;;;ir;lr"from thetenderprocess.

42 The BIDDER aSrces tlat if it makes ilconect.slatcmenl on tiis subject. BIDDER can be disqualified from the lenderprocess or the contmct, ifalready awarded, can be terminated for such'reason

5. Eamest Morcy (Securitl, Deposit)

5. I while submi(ting commercial bid, the tsIDDER shall deposit a, arnoum ......................................................... (asspcciticd in the NI'I)' as Earnest Money/Bid security with tire BUYER in thc mode as specitied in the bid documenr.

5.2 The Eamest Moncy/ Bid security shall be valid for a p€riod as specified in the biddocument.

5'3 ln case ofthe succcssful bidder a-clause would alsu be incurpuraled in $e Article penaining to perlormance sccuriry/hid securily in the contract that the provisions ur sun"t,in, iiri vi.iuti.rn sha be applicable for forfeiture ofPerformance security / bid security in-case ofadecision by th€ B U yERio ro.r"it,t "

r"In" rJiit "rir*,g"i"c;;;^-forimposingsanction for Violation of this pact.

5'4 No interest shall be payable by the BUYER to the BIDDER on Eamest Money securiry Deposir for rhe period of itscureocy.

6. Sanctiols for Viot.tions

6' I Any breach of the aforesaid provisionsty rhe BIDDER or any one employed by it or acting on ils behalf (wherherwith or without the knowledge of the tsIDDER) shall cnritlc rhL:BUye[iu t'al" ai u. *y,rr"""ttr,"irrr*i"] "",i-,whereverrequired.

i) fr ':T$:"]"Ll "all

off the pre-conracl neSotiations without assigning any reason or giving any compeosarion tofte BIDDER. However, rhe proceedrngs wirh the ofter BIDDER(;) w;utd conrinue.

ii) The Eamest. Money DePosit (in pre-contracr shge) and / or security Deposit / perfomance security (after rheconlracl is signed) shall stard-forfeiled either fuliy or panialty, as de;ided by lhe BUYER *a *," Crliei:rr,"rlnot be required to assign any Reasontherelbre.

iii) To immediately cancer the co,t.acr if already signed. without giving anycompensarion to the BIDDER.

iv) To recover all.sums already paid by the BUYER and in case an lndian tslDDER wirhinreresfthereon ar 2% higherlhan the prevailing prime l_€nding Ratc ol.Stale Bank ol.lndia. whilein

-S*r*

case of BIDDER lmm a country uther than lndia *i1l-'1:T" rhereon at 2q higher thar the LIBOR' If any

outslanding payment i' o'" 'o't'"

diougn*ir.J* tt'" suygn in conneclion wilh any olher conlract for any other

sto.es. such outstandin, ,",t""t Ji,ii'1o iJ uitt'''"a tu '""o""'

tt'e aforesaid sum and interest'

v) To encash the advance bank guaEnree and perfomrance bond/ waranty bond- if fumished by the BIDDER in ordet

"' ,J#il;;;;;"t'' aJuav 'oa" uv ihc BUYER alons wirh inreresr'

vi) To cancel all ot any other conttacts witi the BIDDER ThgPIDDPR shall be liable to pay compensatioo for ary

lossordamage(olheBUYER;"it';;il";;;;cancellation/rescissionandtheBUYERshallbeentrtlolto;"d;i;;;;"";;t t"pavable fromthe minev(s) due to rhe BIDDER'

vii) ro debar the BIDDERftomparticrPatilc;Xl,iiJ:l'i*[i"ffi:'es of the.Govt of India for a minimumPeiod of

five Years, which maY be fu(her

viii) To recover all sums paid in vioration of rhis pacr by BIDDER(S) to any middlemen or agent or broker with a view to

securing the contract'

ix)lncaseswhereirrevocablet€ttefsofcredithavebeenreceivedinrespectofanycontractsignedbytieBUYERwith"'' "iil srooeR. ,he samc shall nor beoPcncd

x) Forferlure of Perlbrmance Cuararltee/ Security DePosir rn cale o[ a decision by lhe BUYER lo forfeit lhe same

withoul assigning any re"'on 'o'

lrnpo''ng '"ntlron

lor vNlation ol this Pacl'

6.2 ne suyen wiil be enrirred ro take'rii,'"i, "i i. ".""':'*ll:11^"1P,ril;i,ll',l,,llLlltlll,Iil'#ffil ll:"'''i"";,;;;"bvthcBIDDER^or,anv;l;;T:i:fit,:ti,;t,"ilX9ri,l"h;;;;a'rcode'r860orPre'entionor

knowledge of the BIDDER)' of an

L't.-pii" a"l.isss "r

any other statute enacted fot prevenlion ofcomrplron

6.3 rhede{isiooof theBUYERtorheeffect(BrrTt:l'"',};:Hgffi"Jf:'iT;}tr"N"}"Jffi's.:llT3iLlllrhall be final and conclusive on

appointed tbr thc PurPoscs olthisPact'

7. FALL CLAUSE

The BIDDER undertakes lhat ir has nol supplied/is not supplying similar producrvsvslems or subsystems at a price lower

rhan rhat offered in the p**n'u'o 'n "'|llllliiiii* i'[';r;;vr"oil"il:1T""ffJ"##;H-'ii"ffII"t"^iAH)

'"-' 'T ;';;;,;; rirat sm;tar prod,ctvgfiTi"];;:-;:'Jil]liii!ffi;:.;;,;df"-"'o*"n." ro' "rup'"d

ti'"'I )eDanment of the Covemmenl ol lndra or a r5-u ar a ru*'-'"

I l..:: :.:^::'; ; .";'.aoa t "

the BtDOEn to the B UYER TI tne

wiil be applicable to th" o'"'"nt t*" -Jt'nl'ui'i"'"*" i"in! t"' *ould be retunded bv the BIDDER to the BUYER ifth

contrad has alr€ady been concluded'

8. IndeP€ndetrt Monitors

8.1 The BUYER has apPointed independenl MonrloN (her€inafter refened'to as Monilors) [or this Pact in consullalion

wiih fie central vigilan* <:"'liff-'t"# i*""tt *i'"aJ'"'*"* or trc uonitors are Iisled in Nlr)

8.2 The task of the Monitom shall be to teview independently aod objectively' lvhether and to what extent the Panies

comply with the obligations under thisPact'

8.3 The Monitors shall not be subject to instructions by the representatives ofthe parties and performs their functions'

ncutrally and indePendently'

&*

8.4 Both lhe parties accept that the Monitors have the right to access all documents relating to theProject/procurement, including minutes of meeting.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will soinform the Authority designated by theBUYER.

8.6 The BIDDER(s) accepts that the Monitor has the right to access withour resrriction ro a.ll Projectdocumentation ofthe BUYER including that provided by the BIDDER. The bidder will also granrthe Monitor, upon his requesl and demonstration of a valid interest, unrestricted and unconditionalaccess to his Project documentation. The same is applicable to Subcontractors. The Monitor shallbe under contractual obligation to treat the information and documents of the Bidder /Subcontractor(s) with confi dentiality.

8.7 The Buyer will provide to the Monitor sutficient information about all meetings among the partiesrelated to the Project provided such meetings could have an impact on the contractual relationsbetween the panies. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will subm.it a written report to the designated Authority of BUYER within 8 to l0weeks fiom the date of reterence or intimation to him by the BUYER/BIDDER and should theoccasion arise. submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, theBUYER or its agencies shall be entitled to examine all the documents including the Book of Accountsofthe BIDDER and the BIDDER shall provide necessary information and documents in English andshall extend all possible help for the purpose of such examination.

10. Law and Placc of Jurisdiction

This Pact is subject to Indian Law. The place of perfbrmance andjurisdiction is the seat ofthe BUYER

I l Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that mayfollow in accordance with the provisions of the extant law in force relating to any civil or criminalproceedings.

12. Validity

12. I The validity of this Integrity Pact shall be from the date of its signing and extend up to five yearsOr the complete execution of the contract to the Satistaction of both the BUYER and theBIDDERlSeller, including warralty period. whichever is later. In case the BIDDER is unsuccessful,this Integrity Pact shall expire after Six (06) months from the date of the signing ofthecontract.

12.2 Should one or several provisions of this Pact tum out to be invalid, the remainder of this Pactshall remain valid. ln this case the parties will strive to come to an agreemenl to their originalintentions.

13. The pzrties hereby sign this integrity pact at tsqllgta on124[0120{l

&"BIDDER

Chief executive officer

BUYER\,

\)

(Name ofrhe Ofiicer)PSU

G-ame of &e Ofiic€r)DesiSnatiorr.-awed Z-afar (SVP - Enrerprise Business)

,-.i:-Ptp,

winrcss witncis

t. i o J.,.-

-E!^, :", *, /*r

rl,, l_,u r. Biprsb rapode f5l gf aD -I

1c,sl,r .

, {4Q,'.',A?Q&* 2.AnjitBiswas tv1;1 A*:*

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